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^^^ Sa 198S 
'^C STATE LSSRARY 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



FIRST SESSION 
1985 



Lithographed by 

Winston Printing Company 

Winston-Salem, N. C, U. S. A. 



OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

1985 GENERAL ASSEMBLY 
FIRST SESSION 1985 

ROBERT B. JORDAN III, President Mt. Gilead 

J. J. HARRINGTON, President Pro Tempore Lewiston-Woodville 

KENNETH C. ROYALL, JR., Majority Leader Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR., Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Gary 

DISTRICT NAME OF SENATOR ADDRESS 

1 MARC BASNIGHT Manteo 

2 J. J. HARRINGTON Lewiston-Woodville 

3 JOSEPH E. THOMAS Vanceboro 

4 A. D. GUY Jacksonville 

5 HAROLD W. HARDISON Deep Run 

6 R. L. MARTIN Bethel 

7 J. A. WRIGHT* Wilmington 

FRANKLIN E. WILLIAMS, SR. 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES EZZELL Rocky Mount 

11 JAMES D. SPEED Louisburg 

12 ANTHONY E. RAND Fayetteville 

LURA TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILMA C. WOODARD Garner 

WILLIAM W. STATON Sanford 

15 ROBERT D. WARREN Benson 

16 WANDA H. HUNT Pinehurst 

RUSSELL G. WALKER Asheboro 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 TED KAPLAN Winston-Salem 

MARVIN WARD Winston-Salem 

21 JOHN M. JORDAN Saxapahaw 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

ROBERT V. SOMERS Salisbury 

24 WILLIAM D. GOLDSTON, JR Eden 

WELDON R. PRICE Reidsville 

25 OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 T. CASS BALLENGER Hickory 

WILLIAM W. REDMAN, JR Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL REID SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS WINNER Asheville 

29 CHARLES W. HIPPS Waynesville 

R. P. THOMAS Hendersonville 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 WENDELL H. SAWYER Greensboro 

33 MELVIN L. WATT Charlotte 

34 JAMES D. McDUFFIE Charlotte 

35 LAURENCE A. COBB Charlotte 

♦(Resigned June 1, 1985) 
(See Appendix) 



SENATE JOURNAL 

FIRST SESSION 1985 

FIRST DAY 

Senate Chamber, 
Tuesday, February 5, 1985. 

In accordance with law, as set forth in the Constitution of the State of North Carolina 
and G. S. 120-11. 1 and Chapter 949 of the Session Laws of the 1983 General Assembly, the 
Senate of the General Assembly of North Carolina assembles this day, at the hour of 12 
M., in the Senate Chamber of the Legislative Building in the City of Raleigh. 

The Honorable Robert B. Jordan III, Lieutenant Governor, calls the Senate to order. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain and Minister of 
White Plains United Methodist Church, Cary, North Carolina, as follows: 

"0 God of Justice, we thank Thee for all those men and women who have governed with 
integrity and compassion in all lands throughout the generations; and we pray this day for 
the leaders of our Nation and our State, that they may not yield to the pressure of special 
interest groups; but that they may instead, work for the fulfillment of the American 
dream, so that ours may indeed become 'a nation under God with liberty and justice for 
all.' 

"0 God of Love, dehver us from hardness of heart, and give to us a love for Thee and a 
love for one another. Inspire us to love our neighbor as we love ourselves; and give us 
grace to love even those who have misused us. It is so much easier to hold grudges than to 
forgive; and we are tempted not to be loving, lest others think us soft and impractical; but 
grant, we pray Thee: that love may become the hallmark of our personal Hves; that love 
may characterize all our interpersonal relationships; that love, patience, and understand- 
ing may prevail in this Chamber; and that love may grow and flourish in the heart of each 
resident of our State. 

"0 God of compassion, we pray for Thy special blessing this day, upon the Lieutenant 
Governor of our fair State, and upon the members of the North Carohna Senate. Be with 
the Lieutenant Governor, that he may preside with honor and fairness over the affairs of 
this Chamber; and be with the members of this Body, that they may be sensitive to the 
needs of all the citizens of our State, and may enact laws which promote the well-being of 
all — rich and poor, young and old, male and female. 

"All this we ask in the Name of Him who calls us to be apostles of justice, love, and 
compassion. Amen." 

Led by the Lieutenant Governor, the Senators-elect and distinguished guests remain 
standing, and pledge their allegiance to the United States of America. 

The Chair directs the Reading Clerk of the 1983 Session to call the roll and the following 
Senators-elect appear with the proper certificates of election: 



February 5, 1985 



SENATE JOURNAL 



[Session 



First District 
Second District 
Third District 
Fourth District 
Fifth District 
Sixth District 
Seventh District 
Eighth District 
Ninth District 
Tenth District 
Eleventh District 
Twelfth District 

Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

Twenty-first District 
Twenty-second District 
Twenty-third District 

Twenty-fourth District 



Marc Basnight 

J. J. Harrington 

Joseph E. Thomas 

A. D. Guy 

Harold W. Hardison 

R. L. Martin 

J. A. Wright 

Henson P. Barnes 

Thomas F. Taft 

James E. Ezzell, Jr. 

James D. Speed 

Anthony E. Rand 
Lura S. Tally 

Kenneth C. Royall, Jr. 
Ralph A. Hunt 

Joseph E. Johnson 
William W. Staton 
Wilma C. Woodard 

Robert D. Warren 

Russell G. Walker 
Wanda Hunt 

J. Richard Conder 
Aaron W. Plyler 

R. C. Soles, Jr. 

Robert G. Shaw 

Marvin Ward 
Ted Kaplan 

John M. Jordan 

James C. Johnson, Jr. 

Robert V. Somers 
Paul S. Smith 

W. D. Goldston 
Weldon R. Price 



February 5, 1985 



1985] 



Twenty-fifth District 



Twenty-sixth District 

Twenty-seventh District 

Twenty-eighth District 

Twenty-ninth District 

Thirtieth District 
Thirty-first District 
Thirty-second District 
Thirty-third District 
Thirty-fourth District 
Thirty-fifth District 



SENATE JOURNAL 

J. OUie Harris 
Helen Rhyne Marvin 
Marshall A. Rauch 

T. Cass Ballanger 
William W. Redman, Jr. 

Donald R. Kincaid 
Daniel R. Simpson 

Robert S. Swain 
Dennis J. Winner 

Charles W. Hipps 
R. P. Thomas 

David Russell Parnell 

William N. Martin 

Wendell H. Sawyer 

Melvin L. Watt 

James D. McDuffie 

Laurence A, Cobb 



Those present take and subscribe to the following oath of office, which is administered 
by the Honorable J. William Copeland, former Associate Justice of the Supreme Court of 
North Carolina: 

"I do solemnly swear or affirm that I will support and maintain the Constitution and 
laws of the United States; and I do solemnly and sincerely swear or affirm that I will be 
faithful and bear true allegiance to the State of North Carohna, and to the constitutional 
powers and authorities which are or may be established for the government therof; and 
that I will endeavor to support, maintain, and defend the Constitution and laws of said 
State, not inconsistent with the Constitution of the United States, to the best of my 
knowledge and ability; and I do solemnly and sincerely swear or affirm that I will faithfully 
discharge my duties as a member of the Senate of the 1985 General Assembly of the State 
of North Carolina to the best of my skill and ability, according to law, so help me, God." 

To which oath each Senator answers, "I do." 

The President declares a quorum of the Senate present. 

REMARKS BY LIEUTENANT GOVERNOR ROBERT B. JORDAN III 

"Congratulations! Your taking the oath of office and the convening of this the 136th 
Session of the North Carolina Senate is an important milestone in your lives and in that of 
this great State. As the 29th Lieutenant Governor, I welcome this oppqrtunity to serve 
with you. 

"I want to recognize and welcome the families and guests of the members of the Senate. 
These Senators are here today because of your strong support, and they will need your 



February 5, 1985 



8 SENATE JOURNAL [Session 

support even more in the days and weeks ahead as they dehberate the many important 
issues that will come before this Body. 

"I also recognize and welcome our other distinguished guests — members of the Council 
of State, the Judiciary, representatives of the Executive Branch, and visitors. 

"This is a very special day for me, and I especially want to recognize my wife, Sarah, my 
children, other members of my family, and friends, and to thank them for their confidence 
and support and most importantly for their love. 

"To stand here before this distinguished body is an humbling experience. I am reminded 
of those who have preceded me in the Office of Lieutenant Governor and of the contribu- 
tions that they and the members of the Senate have made to this great State. 

"We can be proud of North Carolina's momentum. We have made gains in microelec- 
tronics, biotechnology, and new jobs. We can be proud of North Carohna's attractiveness 
as a place to Uve and to retire. We can be proud of the steps taken to improve education, of 
the efforts to help the elderly and those who cannot care for themselves. We can be proud 
of North Carolina's history of frugal and responsive government. 

"Now the opportunity and the responsibility has been passed to us. I am certain that 
every Senate, every General Assembly, every administration has felt its time to be 
unique — its problems, the most difficult — its opportunities for service, the greatest. 

"Cetainly this is an exciting time, a tremendously important time for North CaroUna. 
The people of our State have many needs in education, in health care, in highways. Our 
State has needs to develop economically, to provide more and better job opportunities, to 
maintain its environment. 

"The first priority must be — our children. They are the future. We must see to their 
care and well-being. We must provide every child with 'equal opportunity' to education 
regardless of where he or she lives in our State. 

"Unfortunately, there is not enough money to do all we would Uke to do. Although the 
budget approved this Session will total around $16 bilUon, your deUberations must assure 
that it is utilized where it will do the most good for the most people without waste and 
without dupUcation. 

"This State's ability to provide for its future needs is dependent on its economic 
development. We must look for ways to encourage sound economic development without 
penaUzing local governments, and without depriving citizens of the basic needs of life. 

"The citizens of North Carolina have elected us to chart a sound and enduring course for 
the State as it moves into the closing years of this century. We must build upon past 
accomplishments, and we must utilize the available resources to the fullest as we chart the 
course for the future. 

"It has been said that 'coming together, as we have done today, is a beginning. Keeping 
together is progress. Working together is success.' I pledge to you today a willingness to 
work together with you, with the House of Representatives, with the Administration to 
do the best possible job for North Carolina. 



February 5, 1985 



1985] SENATE JOURNAL 9 

"I pledge to you an open Senate. Each of you will have the opportunity to be heard and 
to participate fully in the deliberations. The number of committees has been reduced to 
avoid as many conflicts in schedules as possible, and to allow more time for members to 
study issues. 

"I am committed to working with you in cooperation with Speaker Ramsey and the 
members of the House, and with Governor Martin and his administration. This is not to 
say that we will not have differences, we will. But I will work diligently to seek positive 
solutions that are in the best interest of the people of the State. 

"All of us — Senators and Representatives, Democrats and Republicans — must remem- 
ber that our first responsibility is to serve the people of this great State. We asked for the 
opportunity, but it was the people who have given us their trust. We must uphold their 
faith in us, and with God's guidance, we will. 

"I look forward to working vidth each of you this Session." 

The President announces the Senate is ready to proceed with election of officers. 

ELECTION OF OFFICERS 

For President Pro Tempore of the Senate, Senator Hardison places in nomination 
Senator Joseph J. Harrington of Bertie County. Senator Rauch, Senator Thomas of 
Craven, and Senator Redman second the nomination. On motion of Senator Redman, the 
nominations are closed and Senator Joseph J. Harrington is elected President Pro Tem- 
pore by acclamation. 

Being declared duly elected, the President appoints Senator Walker and Senator Ward 
to escort the President Pro Tempore, Senator Harrington, to the Well of the Senate 
where he receives the prescribed oath of office with is administered by the Honorable J. 
William Copeland, former Associate Justice of the Supreme Court of North Carolina. 
Senator Harrington is recognized to address the membership from the Well of the Senate. 
(See Appendix) 

For Majority Leader of the Senate, Senator Harris places in nomination Senator 
Kenneth Claiborne Royall, Jr. of Durham County. Senator Thomas of Henderson and 
Senator Rand second the nomination. 

On motion of Senator Rand, the nominations are closed. The members of the minority 
party are excused from voting. Senator Kenneth Claiborne Royall, Jr. is elected Majority 
Leader by acclamation. 

Being declared duly elected, the President appoints Senator Plyler and Senator Staton 
to escort the Majority Leader, Senator Royall, to the Well of the Senate where he receives 
the prescribed oath of office which is administered by the Honorable Earl Vaughn, 
Associate Justice of the Supreme Court of North Carolina. Senator Royall is recognized to 
address the membership from the Well of the Senate. (See Appendix) 

The President announces that the following members of the 1985 General Assembly 
have been elected officers of the Minority Party: Senator William W. Redman, Senate 
Minority Leader; Senator Paul Smith, Senate Minority Whip; and Senator J. A. Wright, 
Joint Caucus Leader. Senator Redman is recognized to address the membership. (See 
Appendix) 



February 5, 1985 



10 SENATE JOURNAL [Session 

For Principal Clerk of the Senate, Senator Warren places in nomination Sylvia Morris 
Fink of Wake County. Senator Hipps seconds the nomination. 

On motion of Senator Hipps, the nominations are closed and Sylvia Morris Fink is 
elected Principal Clerk by acclamation. Being duly elected, she receives the prescribed 
oath of office which is administered by the Honorable H. Horton Rountree, Judge of the 
Third Judicial District, and assumes her seat. 

For Reading Clerk of the Senate, Senator Speed places in nomination LeRoy Clark, Jr. 
of Wake County. Senator Johnson seconds the nomination. 

On motion of Senator Johnson, the nominations are closed and LeRoy Clark, Jr. is 
elected Reading Clerk by acclamation. Being declared duly elected, he receives the 
prescribed oath of office v^^hich is administered by the Honorable Willis P. Whichard, 
Judge of the North Carolina Court of Appeals, and assumes his seat. 

For Sergeant-at-Arms of the Senate, Senator Woodard places in nomination Gerda B. 
Pleasants of Wake County. Senator Harris seconds the nomination. 

On motion of Senator Harris, the nominations are closed, and Gerda B. Pleasants is 
elected Sergeant-at-Arms by acclamation. Being declared duly elected, she receives the 
prescribed oath of office which is administered by the Honorable Willis P. Whichard, 
Judge of the North Carolina Court of Appeals, and assumes her seat. 

RULES OF SENATE 

On motion of Senator Harrington, the Rules of the 1983 General Assembly are adopted 
as the temporary Rules of the 1985 Session with the following exception: Rule 32 amended 
to read as follows: 

"RULE 32. List of standing committees. — The standing committees shall be: 

Agriculture 

Appropriations r 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 

Base Budget \ 

Children and Youth v ' 

Commerce 

Education 

Election Laws '".'.' 

Finance 

Higher Education * 

Human Resources 

Insurance 

Judiciary I ^ 

Judiciary H , ii 

Judiciary ni . >,: ,s ' 

Judiciary IV 



February 5, 1985 



1985] SENATE JOURNAL 11 

Local Government and Regional Affairs 

Manufacturing and Labor 

Natural and Economic Resources and Wildlife 

Pensions and Retirement 

Rules and Operation of the Senate 

Senior Citizens 

State Government 

Transportation 

Ways and Means" 

A special message is ordered sent to the House of Representatives informing that 
Honorable Body that the Senate is organized and ready to proceed with public business. 

APPOINTMENT OF COMMITTEES 

The President announces appointments to the standing committees, as follows: 

RULES AND OPERATION OF THE SENATE COMMITTEE: Senators Harrington 
(Chairman), Barnes, Royall ( Vice-Chairmen), Hardison, Hipps, Kincaid, Plyler, Rand, 
Rauch, Redman, Swain, Thomas of Craven, Walker, Ward, Warren, Winner, and Wood- 
ard. 

The President charges the Committee, as follows: 

"Senator Harrington and members of the Committee: 

"It is my sincere desire that the rules governing the operation of this Senate be 
structured so as to make us efficient as well as fair to all members who have been duly 
elected by their constituents. It will be your duty to monitor the operation of this Senate 
and to propose modifications to our rules when you determine that such are necessary for 
efficiency and fairness. 

"I know that you and your Committee will carry out this assignment for the benefit of 
this Senate and the people of this State." 

AGRICULTURE COMMITTEE: Senators Speed (Chairman), Hipps, Taft, Warren 
(Vice-Chairmen), Barnes, Ezzell, Jordan, McDuffie, Martin of Pitt, Parnell, Plyler, Price, 
Redman, Shaw, Soles, and Thomas of Craven. 

The President charges the Committee as follows: 

"Senator Speed and members of the Committee: 

"North Carolina's number one industry continues to be agriculture. Our farmers are 
involved in the production of food and fiber used all over the world, but there are new and 
challenging issues which face this industry. We must find additional and expanding 
markets for our products. We must make use of state of the art technology while paying 
careful attention to soil conservation and protecting the small family farm which has a rich 
tradition in this State. We must be particularly sensitive to the concerns of tobacco 
farmers who will be facing difficult challenges in the years ahead. 

"I appreciate your willingness to assume and discharge this important work." 



February 5, 1985 



12 SENATE JOURNAL [Session 

APPROPRIATIONS COMMITTEE: Senators Plyler (Chairman), Hardison, Royall, 
Walker, Warren (Vice-Chairmen), Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Harrington, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Rand, 
Simpson, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, 
Watt, Winner, and Woodard. 

APPROPRIATIONS ON EDUCATION COMMITTEE: Senators Ward (Chairman), 
Winner (Vice-Chairman), Goldston, Martin of Guilford, Simpson, and Tally. 

APPROPRIATIONS ON GENERAL GOVERNMENT COMMITTEE: Senators 
Woodard (Chairman), Thomas of Henderson (Vice-Chairman), Conder, Ezzell, Hunt of 
Durham, Johnson of Cabarrus, and Speed. 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: Senators Walker 
(Chairman), Harris (Vice-Chairman), Ballenger, Harrington, Marvin, and Watt. 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY COMMITTEE: Sena- 
tors Parnell (Chairman), Swain (Vice-Chairman), Barnes, Cobb, Hipps, and Taft. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES COM- 
MITTEE: Senators Thomas of Craven (Chairman), Martin of Pitt (Vice-Chairman), 
Basnight, Guy, Johnson of Wake, and Kincaid. 

BASE BUDGET COMMITTEE: Senator Rand (Chairman). 

(All members of Appropriations Committee are also members of the Base Budget 
Committee) 

The President charges the Committees as follows: 

"Senators Plyler and Rand: 

"Senators Ward, Woodard, Walker, Parnell, and Joe Thomas: 

"The work of the Advisory Budget Commission will soon be before you in the form of the 
recommended budget for the 1985-1987 biennium. 

"As this legislation is introduced, it will be your duty to examine it carefully to 
determine whether each proposal is a wise expenditure of State funds. It will be your duty 
to take a hard look at the base budget to determine if there are ways to better utilize our 
resources. There will be significant reductions in federal funds available to North Carolin- 
ians for programs traditionally funded by Congress. It will be your duty to determine if 
these funds can and should be replaced by State revenues. 

"I am particularly concerned that your committees pay special attention to the needs of 
our children, our elderly and those less able to take care of themselves. Be especially 
attentive to the educational needs of children and adults. The infrastructure needs of our 
State as well as the utiUzation of biotechnology in North CaroUna deserve your thoughtful 
consideration. Give special attention to the immediate needs of local governments and the 
State mandates that offer no monies to provide services. Each of the five subject-matter 
Appropriations Committees will sit first as a Base Budget Committee, under Senator 
Rand, to review continuation requests and to eliminate unnecessary expenditures. 



February 5, 1985 



1985] SENATE JOURNAL 13 

Following the review of continuation requests, each Committee will be reconstituted as an 
Appropriations Committee under Senator Plyler to consider expansion proposals to 
provide services to meet the needs of our citizens, which have not been adequately met in 
the past. 

"The people of North Carolina are depending on you to make certain they get the very 
best in government services for the very least amount of their tax money. You have my 
confidence and gratitude for your willingness to assume and discharge these tasks so vital 
to the people of this State." 

CHILDREN AND YOUTH COMMITTEE: Senators Hipps (Chairman), Ballenger, 
Marvin (Vice-Chairmen), Barnes, Harrington, Harris, Johnson of Cabarrus, Kaplan, 
Martin of Guilford, Redman, Royall, Taft, Tally, Walker, Ward, and Woodard. 

The President charges the Committee as follows: 

"Senator Hipps and members of the Committee: 

"Children are our most precious resource. With the adoption of the temporary rules, 
you have authorized the establishment of a new committee of the Senate to deal with 
issues affecting children and youth. 

"In past years, legislation on these matters was spread over several committees. It is 
my intention to bring these issues into one committee to enable its members to develop an 
expertise on subjects affecting young people. 

"Among the important issues which you will be addressing are child care, child support 
enforcement, abuse and neglect, child health, juvenile justice, permanency planning for 
children without a home, and missing children legislation. 

"I am confident that this Committee will make a very positive mark on the lives of 
children and youth in North Carolina." 

COMMERCE COMMITTEE: Senators Hardison (Chairman), Guy (Vice-Chairman), 
Ballenger, Cobb, Goldston, Harrington, Harris, Johnson of Wake, Martin of Pitt, Parnell, 
Plyler, Rauch, Redman, Royall, Smith, Soles, Staton, Watt, and Woodard. 

The President charges the Committee as follows: 

"Senator Hardison and members of the Committee: 

"Providing the proper balance in the relationship between commerce and consumers is a 
constant and continuing challenge. 

"This Committee will be receiving legislation dealing with financial institutions, public 
utilities and small business. Like all other North Carolina citizens, you are consumers and 
are directly affected by legislation in these areas. Yours is therefore a heavy responsibil- 
ity which I am confident you will faithfully discharge. 

"Your duty is to be mindful of the concerns of the business commumity. You will have to 
look at the effect the reciprocal interstate banking legislation is having on our financial 
institutions. It is imperative that when considering utilities legislation, you consider the 
impact that legislation will have on the availability of the services provided by these 
utilities for our citizens in the decades to come. 



February 5, 1985 



14 SENATE JOURNAL [Session 

"You must encourage the development of our small businesses and foster an entre- 
preneurial spirit in North Carolina both for those businesses which are dependent on 
technology and those which are not. 

"You will have broad responsibilities in the area of commerce not placed before under 
one committee. I appreciate your dedication and willingness to serve North Carolina in 
this way." 

EDUCATION COMMITTEE: Senators Winner (Chairman), Ward, Warren (Vice- 
Chairmen), Basnight, Conder, Hipps, Hunt of Durham, Hunt of Moore, Jordan, McDuf- 
fie, Martin of Pitt, Martin of Guilford, Marvin, Sawyer, Simpson, Speed, Taft, Tally, and 
Wright. 

The President charges the Committee as follows: 

"Senator Winner and members of the Committee: 

"The education of our children is the single most important investment we, as a State, 
make and so it is fitting and right that we invest more of our resources into education than 
in any other single area of our budget. 

"Past sessions of this General Assembly have mandated that the State Board of 
Education along with the Department of Pubhc Instruction make proposals to this 1985 
Session. You will have those as well as other proposals before you for your consideration. 
It is my charge to you to continue with the development of a basic education program 
which ensures that every child will have an equal opportunity to reach his and her full 
potential as a contributing member of our society. 

"Like many of the committees charged, this Committee will spend long hours in its 
efforts and I am grateful to you and confident that you will discharge this work to the very 
best of your ability. 

"Much of what will be remembered about the 1985 Legislature will come from the work 
of this Committee." 

ELECTION LAWS COMMITTEE: Senators Kaplan (Chairman), Smith, Watt (Vice 
Chairmen), Cobb, Ezzell, Johnson of Wake, Parnell, Plyler, Price, Rauch, and Swain. 

The President charges the Committee as follows: 

"Senator Kaplan and members of the Committee: 

"As our State's population continues to grow and voting technology advances, we must 
be mindful of our obligation to have election laws which will provide every opportunity to 
encourage our citizens to exercise their constitutional privilege to vote. 

"There have been many recent changes in both the federal and the State election laws. 
Many of our State laws in this area need refinement and it will be your duty to ensure that 
proposals which accomplish that are sent to the floor of the Senate. 

"Yours is an important task and I have every confidence that you will perform it well." 

FINANCE COMMITTEE: Senators Rauch, Thomas of Henderson (Co-Chairmen), 
Staton, Winner (Vice-Chairmen), Guy, Hardison, Harrington, Harris, Hunt of Moore, 



February 5, 1985 



1985] SENATE JOURNAL 15 

Jordan, Kaplan, McDuffie, Plyler, Price, Rand, Redman, Royall, Sawyer, Shaw, Smith, 
Soles, Somers, Thomas of Craven, Walker, Ward, Warren, and Wright. 

The President charges the Committee as follows: 

"Senators Rauch and Thomas and members of the Committee: 

"Our citizens want fair and equitable taxes. The Finance Committee has the duty of 
making sure adequate resources are available to support the essential services of the 
State. This year there will be a number of proposals to reduce taxes and some proposals to 
change the way North Carolina finances the business of the State. 

"I believe money will be available to grant some tax relief, but we cannot consider tax 
cuts in a vacuum. They must be weighed in conjunction with the demands for services, the 
effects of the federal budget cuts, and the economic conditions of the State. 

"Many of you have already been at work as members of study commissions which have 
been active between the sessions, looking at revenue laws and amendments to existing 
laws. You will need to give careful consideration to those and any other tax modification 
proposals. 

"The choices are there, and you must provide for the Senate the best legislation for the 
citizens of North Carolina." 

HIGHER EDUCATION COMMITTEE: Senators Martin of Guilford (Chairman), 
Cobb, Tally (Vice-Chairmen), Conder, Goldston, Hunt of Durham, Rauch, Royall, 
Sawyer, Smith, Staton, and Woodard. 

"Senator Martin and members of the Committee: 

"North Carolina has a higher education system that it can be proud of. Our future 
economic growth depends on keeping this system strong and responsive. 

"I have and intend to continue to devote a considerable amount of my time and energy to 
improving our primary, secondary and higher education programs. We need to forge 
better communication amoung the various education agencies in making sure that re- 
sources are shared in a way that is the most beneficial to all of our citizens. 

"Our higher education system must properly prepare our students, we must retrain our 
work force to meet the changing demands of our national and State economy. 

"I have confidence in the ability of this Committee to help the Senate in its work." 

HUMAN RESOURCES COMMITTEE: Senators Harris (Chairman), Redman, Walk- 
er (Vice-Chairmen), Ballenger, Hardison, Harrington, Hunt of Moore, Martin of Guil- 
ford, Marvin, Royall, Taft, Thomas of Henderson, Ward, Warren, and Watt. 

The President charges the Committee as follows: 

"Senator Harris and members of the Committee: 

"Our dwindling tax revenues might make us forget those who truly depend on the vital 
services the State provides. Our sense of responsibility, and of compassion, compel us not 
to do that. There are many in this State who cannot do for themselves, and it is up to all of 
us who can to insure that they get the help they need. 



February 5, 1985 



16 SENATE JOURNAL [Session 

"Most of you have served on this Committee before and are familiar with many of the 
issues which will confront you. There will, however, be new concerns which will merit 
your careful consideration. 

"I am confident in the ability and willingness of all members of this Committee to 
assume and discharge this vital work." 

INSURANCE COMMITTEE: Senators Johnson of Wake (Chairman), Kincaid (Vice- 
Chairman), Ballenger, Hardison, Parnell, Rand, Smith, Soles, and Staton. 

The President charges the Committee as follows: 

"Senator Johnson and members of the Committee: 

"Issues involving the rates, coverages, and types of insurance available to our citizens 
are among the most controversial matters traditionally considered by the General Assem- 
bly. You will be asked to carefully examine proposed legislation to insure that the 
insurance laws are structured to maximize both availability of coverages and fairness to 
consumers. 

"Yours will not be an easy task because insurance is a complicated subject. I am grateful 
that you have agreed to undertake this task and am confident you will perform it to the 
best of your abilities." 

JUDICIARY I COMMITTEE: Senators Barnes (Chairman), Hipps (Vice-Chairman), 
Johnson of Cabarrus, Price, Sawyer, Tally, Warren, and Watt. 

JUDICIARY II COMMITTEE: Senators Staton (Chairman), Martin of Guilford (Vice- 
Chairman), Ezzell, Hunt of Moore, Kaplan, Simpson, Woodard, and Wright. 

JUDICIARY III COMMITTEE: Senators Swain (Chairman), Johnson of Wake (Vice- 
Chairman), Harris, Kincaid, Marvin, Somers, Taft, and Thomas of Henderson. 

JUDICIARY IV COMMITTEE: Senators Soles (Chairman), Rand (Vice-Chairman), 
Ballenger, Cobb, Goldston, Parnell, Royall, and Winner. 

The President charges the Committee as follows: 

"Senators Barnes, Staton, Swain and Soles and members of all four Judiciary Com- 
mittees: 

"This Senate has been delegated heavy responsibilities by the Constitution of our State. 
You will be considering and evaluating complicated legislation involving the entire spec- 
trum of our State's statutory law. Working on this legislation will require dedication and 
thoughtful analysis. You will also be involved in proposed amendments to the Constitution 
of this State and I charge you to deliberate carefully upon each and every one of these 
proposals. The citizens of this State are fortunate to have each of you Senators wiUing to 
give of your time and energy in this work so important to our State's legal system. And on 
behalf of the people of North Carolina, I thank you for your dedication." 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE: Senators 
Ezzell (Chairman), Price, Barnes (Vice-Chairmen), Basnight, Conder, Hunt of Durham, 
Martin of Pitt, Marvin, Shaw, Simpson, Somers, Tally, Thomas of Craven, Walker, and 
Wright. 



February 5, 1985 



1985] SENATE JOURNAL 17 

The President charges the Committee as follows: 

"Senator Ezzell and members of the Committee: 

"Federal budget cuts involving local government will place additional pressures on 
those local governments and will require State and local governments to work together in 
a closer relationship than ever before. The number of local bills to be addressed by this 
General Assembly each session continues to increase and it will be your duty to examine 
each item of proposed legislation closely and to determine whether its passage would 
indeed be in the best interest of our State. You have my confidence that this work will be 
done with diligence and fairness," 

MANUFACTURING AND LABOR COMMITEE: Senators Jordan (Chairman), Gold- 
ston, Parnell (Vice-Chairmen), Ballenger, Basnight, Guy, Harris, Johnson of Wake, 
Kincaid, Plyler, Price, Rauch, Smith, Staton, and Thomas of Henderson. 

The President charges the Committee as follows: 

"Senator Jordan and members of the Committee: 

"North Carolina's economy is diversifying at a greater rate than ever before. Our 
traditionally strong industries of tobacco, textiles, furniture and lumber are facing in- 
creasing foreign competition and we are seeing more and more plant closings and workers 
losing their jobs. Your responsibility will be to ensure that legislation comes out of your 
Committee which will benefit both workers and the industries which employ them. 

"I have every confidence in the commitment and the concern of each member of this 
Committee." 

NATURAL AND ECONOMIC RESOURCES AND WILDLIFE COMMITTEE: 

Senators Tally (Chairman), Thomas of Craven, Ward (Vice-Chairmen), Basnight, Con- 
der, Guy, Hunt of Moore, Kincaid, Martin of Pitt, Redman, Shaw, Staton, Thomas of 
Henderson, and Wright. 

The President charges the Committee as follows: 

"Senator Tally and members of the Committee: 

"As the population of North Carolina continues to increase, it becomes increasingly 
difficult to protect and preserve our natural resources. Nonetheless, it is imperative that 
we do so and it will be your duty to ensure that legislation comes to the floor which will be 
effective in safeguarding the purity of our waters and air, and carefully managing our 
forests and wildlife. You must balance our need for raw materials to help provide jobs for 
our citizens while maintaining our abihty to pass on these natural resources to our future 
generations. 

"I appreciate your willingness to assume and discharge this vital work." 

PENSIONS AND RETIREMENT COMMITTEE: Senators Marvin (Chairman), 
Hardison, Wright (Vice-Chairmen), Harrington, Hunt of Durham, Hunt of Moore, Kap- 
lan, McDuffie, Plyler, Price, Royall, Somers, Speed, Swain, and Woodard. 

The President charges the Committee as follows: — 

"Senator Marvin and members of the Committee: 



February 5, 1985 



18 SENATE JOURNAL [Session 

"As we strive to continue to attract and keep the best employees available to serve the 
people of this State, we recognize the importance of a sound retirement system. I charge 
this Committee to analyze the benefits available to these public employees and I ask that 
you send legislation to the Senate which will ensure and maintain a sound retirement and 
pension poUcy for this State. . 

"You have my appreciation for your willingness to discharge this important work. " 

SENIOR CITIZENS COMMITTEE: Senators Hunt of Moore (Chairman), Hunt of 
Durham, Speed (Vice-Chairmen), Barnes, Conder, Ezzell, Guy, Johnson of Cabarrus, 
Jordan, Shaw, Somers, and Swain. 

The President charges the Committee as follows: 

"Senator Hunt of Moore and members of the Committee: 

"The percentage of our population which is ages 65 and over continues to grow and by 
the year 2000, there will be one million of our citizens who have reached this age. Older 
Americans have been and continue to be major contributors to society. They are an 
increasingly important part of our work force, both salaried and as volunteers. We must 
continue to look for ways to utilize this valuable resource both for their benefit as well as 
the State as a whole. 

"You have my appreciation for the work you have agreed to perform." 

STATE GOVERNMENT COMMITTEE: Senators Guy (Chairman), Conder, Soles 
(Vice-Chairmen), Cobb, Hardison, Harris, Parnell, Rand, Royall, Sawyer, Simpson, 
Smith, Taft, Walker, Watt, Winner, and Woodard. 

The President charges the Committee as follows: 

"Senator Guy and members of the Committee: 

"The efficiency of our State government has never been more important as we strive to 
continue to meet the proven needs of our citizens as well as address those additional needs 
which will be brought before you. The easy course is to allow government to expand. This 
Committee has the duty to ensure that we serve as many of the valid needs of our citizens 
as possible and to do so as efficiently as we are able to do. 

"This Committee will also be concerned with the most important issues affecting 
military and veteran affairs. 

"These tasks will require your dedicated efforts and I very much appreciate your 
willingness to undertake and discharge this important work." 

TRANSPORTATION COMMITTEE: Senators Warren (Chairman), Basnight (Vice- 
Chairman), Barnes, Goldston, Harrington, Johnson of Cabarrus, Jordan, Kaplan, McDuf- 
fie, Martin of Pitt, Rand, Redman, Speed, and Ward. 

The President charges the Committee as follows: 

"Senator Warren and members of the Committee: 

"North Carolina is a State with more State-owned road mileage than any other state. It 
has not only the charge to continue providing new roads and new access for our growth to 



February 5, 1985 



1985] SENATE JOURNAL 19 

meet the needs of our people and industry, but also the major task of maintaining the 
system that has brought us the reputation of being the Good Roads State. Transportation 
is vital to the economy of North Carolina and we must, therefore, do all that we can to 
protect and develop this important state-wide resource. 

"You have my thanks for your willingness to undertake these tasks." 

WAYS AND MEANS COMMITTEE: Senators Royall (Chairman), Harrington, Plyler 
(Vice-Chairmen), Guy, Hardison, Harris, Hipps, Parnell, Rand, Rauch, Swain, Thomas 
of Craven, and Winner. 

The President charges the Committee as follows: 

"Senator Royall and members of the Committee: 

"Your Committee will be primarily responsible for assisting the Appropriations and 
Finance Committees in carrying out the constitutional mandate that we adopt a balanced 
budget for this State. The other balancing which must be performed is that of weighing 
the needs and demands of our citizens against our desire to do what is fiscally responsible. 

"I have the utmost confidence that this Committee will perform its work well and to 
completion. I appreciate the dedication of this Chairman and the members of his Com- 
mittee." 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 
February 5, 1985 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body that 
the House of Representatives is organized and is now ready to proceed with the public 
business. This is to further advise that the House of Representatives has elected the 
following officers: 

Speaker, Liston B. Ramsey 
Speaker Pro Tempore, John J. Hunt 
Principal Clerk, Grace A. Collins 
Sergeant-at-Arms, Larry P. Eagles 
Reading Clerk, Sam J. Burrow, Jr. 

Respectfully, 
S/ Grace A. Collins 
• ' Principal Clerk 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Without objection, Rule 40 relative to filing legislation is suspended for today. 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



February 5, 1985 



20 SENATE JOURNAL [Session 

By Senators Plyler, Rand, Royall, and Hardison: 

S. B. 1, a bill to make appropriations for current operations of State department, 
institutions, and agencies, and for other purposes. 
Referred to Appropriations Committee. 

By Senators Plyler, Rand, Royall, and Hardison: 

S. B. 2, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies. 
Referred to Appropriations Committee. 

By Senators Ranch, Barnes, Goldston, Guy, Hardison, Harris, Jordan, Kincaid, Mar- 
vin, Pamell, Royall, Smith, Somers, and Thomas of Henderson: 

S. B. 3, a bill to exempt money from the tax on intangible personal property and to 
reimburse local governmental units for the resulting revenue loss. 
Referred to Finance Committee. 

By Senator Harrington: 

S. J. R. 4, a joint resolution informing His Excellency, Governor James G. Martin, that 
the General Assembly is organized and ready to proceed with pubUc business and inviting 
the Governor to address a joint session of the Senate and House of Representatives at 12 
o'clock Noon on Thursday, February 28, 1985. 

On motion of Senator Harrington, the joint resolution is placed before the Senate for 
immediate consideration. 

Senator Redman offers Amendment No. 1. Senator Wright calls for the ayes and noes 
on Amendment No. 1. The call is sustained. Amendment No. 1 fails of adoption by roll-call 
vote, ayes 14, noes 35, as follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Johnson of Cabarrus, 
Kincaid, Martin of Pitt, McDuffie, Redman, Sawyer, Shaw, Simpson, Smith, Somers, and 
Wright — 14. 

Voting in the negative: Senators Barnes, Conder, Ezzell, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, Kaplan, 
Martin of Guilford, Marvin, Parnell, Plyler, Price, Rand, Ranch, Royall, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Winner, and Woodard — 35. 

Senator Harrington calls the previous question, seconded by Senator Johnson of Wake. 
The call is sustained. 

The joint resolution passes its second reading (electronically recorded). 

Senator Harrington offers a motion that the rules be suspended to allow the joint 
resolution read a third time. 

Senator Redman moves that the Senate do now adjourn, seconded by Senator Wright, 
which motion fails to prevail (electronically recorded). 

The motion of Senator Harrington to allow third reading today prevails (electronically 
recorded). The joint resolution passes its third reading (electronically recorded). 

Senators Cobb, Kincaid, and Simpspn request to be recorded voting "no" on third 
reading. 



February 5, 1985 



1985] SENATE JOURNAL 21 

Senator Cobb offers a motion that the vote by which the joint resolution passed its third 
reading be reconsidered. Senator Cobb not having voted with the majority, the President 
rules the motion out of order. 

The joint resolution is ordered sent to the House of Representatives. 

By Senators Plyler, Hardison, Harrington, Marvin, Parnell, Rand, Royall, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, and Woodard. 

S. B. 5, a bill to revise the membership of the Advisory Budget Commission. 

On motion of Senator Plyler, the bill is placed before the Senate for immediate con- 
sideration. Senator Plyler explains the bill and the Chair, without objection, orders the 
bill removed from today's Calendar and placed on tomorrow's Calendar. 

The Reverend Sam D. McMillan, Jr., Pastor of White Plains United Methodist Church 
of Cary is recognized as the Senate Chaplain for the 1985 Session of the North Carolina 
General Assembly. 

The President recognizes Mrs. Pat Brock, serving as Supervisor of Pages for this 
Session, and the following pages serving in the Senate this week: Katherine Lois Adams, 
Benson; Melodie Jo Blackmon, Goldsboro; Sandra Carter, Garner; Rick Conder, Jr., 
Rockingham; Christopher Lynn Dickey, Robbinsville; Michael Grogan, Eden; Brian 
Killebrew, Benson; David A. King, Seagrove; Sherman Myers Lee, West Jefferson; Patty 
Prevost, Waynesville; Jim Stevenson, Rockingham; and Drew Westfall, Jacksonville. 

On motion of Senator Harrington, seconded by Senator Cobb, the Senate adjourns to 
meet tomorrow at 1:30 P.M. 



SECOND DAY 



Senate Chamber, 
Wednesday, February 6, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the Family, we thank Thee for the love and security which we experienced in 
our families as children and youth; we thank Thee for the joys which we have experienced 
with our spouses and children through the years; and we thank Thee for the excitement 
which we shared with our familes in yesterday's opening festivities. 

"0 God of Patience, we acknowledge that we in this Chamber are a family, working for 
the good of all the famihes of our State. Sometimes however, we are tempted; we fuss and 
pout like little children — each wanting his own way, each flexing his muscles, and each 
saying, 'my dad is stronger than your dad.' Be patient with us, and give us patience with 
one another. 

"0 God of Integrity, we thank Thee for the President of this Body, and for his fair and 
representative committee assignments which give all of us — veterans and freshmen. 



February 6, 1985 



22 SENATE JOURNAL [Session 

Democrats and Republicans, a chance for involvement and leadership; and we pray that 
we may each work with integrity, open-mindedness, and dihgence on our assigned 
committees — for the enrichment of life for each family in our State. 

"0 God of Love, as we assume the demanding responsibilities that lie before us in this 
Session of the General Assembly, give to us a commitment to our sacred task as elected 
officials of the people; but deliver us from the temptation to neglect our own families while 
seeking to serve the famihes of our District. Help us to faithfully fulfill our sacred 
responsibihties as husbands, fathers, wives, and mothers; and as we deal with com- 
plicated issues and face pressure from many sides on all major issues, give to us the 
blessing of loving, understanding, and supportive families. 

"And we shall be careful to give Thee the praise and the glory. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hipps, Barnes, Conder, Guy, Harrington, Harris, Hunt of Moore, Martin 
of Guilford, Marvin, Parnell, Plyler, Price, Rand, Royall, Speed, Swain, Tally, Thomas of 
Henderson, Walker, Ward, Warren, and Winner: 

S. B. 6, a bill to designate the Horsepasture River a scenic river and to authorize a study 
to consider including the River in the State Parks System. 
Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 5, a bill to revise the membership of the Advisory Budget Commission. 
Senator Cobb offers Amendment No. 1 which fails of adoption (electronically recorded). 
Senator Barnes offers Amendment No. 2 which is adopted (electronically recorded). 
The bill, as amended, passes its second and third readings (electronically recorded) and 
is ordered engrossed and sent to the House of Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 24, a bill to appoint members of the Whiteville City Board of Education. 
On motion of Senator Soles, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 
The bill passes its second and third readings and is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Rauch, the Senate adjourns to 
meet tomorrow, February 7, at 1:30 P.M. 



February 6, 1985 



1985] SENATE JOURNAL 23 

THIRD DAY 

Senate Chamber 
Thursday, February 7, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Amos and Deborah, we thank Thee for all those men and women who have 
promoted love, justice, and brotherhood in every generation; and we pray that in our land 
and in our State, that justice may flow down like waters, and righteousness like an 
ever-flowing stream. 

"Be with the President of the United States, the members of Congress, the Justices of 
the United States Supreme Court, and all federal officials that they may promote justice, 
brotherhood, and peace in our own land, and among all races and nationalities on the face 
of the earth. 

"Be with the Governor, the Lieutenant Governor, the Council of State, the members of 
the North Carolina Supreme Court, the members of the North Carolina General Assem- 
bly, and all State officials and employees, that they may be advocates of justice and 
opportunity for all the citizens of our State. 

"As we begin to debate the State budget, and as we begin to dehberate the hundreds of 
bills that will be introduced into this Session of the Senate, give us a sense of fiscal 
responsibility; and yet also make us responsive to the genuine needs of individuals. Make 
us sensitive we pray Thee, not only to the needs of those groups who can afford lobbyists 
to promote their cause, but make us sensitive also to the needs of children, youth, migrant 
workers, members of ethnic minorities, the poor, and the aged — who may have no one to 
champion their needs. 

"All this we ask in the Name of Him Who is the God and Father of us all, and Who wills 
that we Uve as sensitive, loving, and compassionate members of His family. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Thomas of Henderson for today 
through Friday, February 15, and to Senator Johnson of Cabarrus for tomorrow, Mon- 
day, and Tuesday, February 8, 11, and 12, to conduct a trial in Superior Court. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 24, an act to appoint members of the Whiteville City Board of Education. (Ch. 1) 



February 7, 1985 



24 ^ SENATE JOURNAL [Session 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions pre- 
viously introduced: 

Senators Parnell and Guy: 

S. B. 3, a bill to exempt money from the tax on intangible personal property and to 
reimburse local governmental units for the resulting revenue loss. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S. B. 7, a bill to cover the President of the Senate under the legislative confidentiality 
laws. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Harrington: 

S. R. 8, a Senate Resolution adopting the permanent Rules of the Senate for the 1985 
Session of the General Assembly of North CaroHna. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Hipps and Hunt of Moore: 

S. B. 9, a bill to make the use of child restraint systems in motor vehicles permanent and 
to broaden the requirements for their use. 
Referred to Children and Youth Committee. 

By Senators Winner, Thomas of Henderson, and Royall: 

S. B. 10, a bill to exempt money on deposit from the tax on intangible personal property 
and to reimburse local governmental units for the resulting revenue loss and to amend the 
Constitution to allow a county to exempt business inventories and intangible personal 
property from property tax. 

Referred to Finance Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Rand, Royall, Shaw, 
Walker, Ward, and Woodard: 

S. B. 11, a bill to create a Division of Child Day Care within the Department of Human 
Resources. 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, McDuffie, Rand, Shaw, 
Walker, Ward, and Woodard: 

S. B. 12, a bill to establish a special unit within the Licensing Commission to deal with 
child abuse and neglect in day care and to provide funds. 
Referred to Children and Youth Committee. 



February 7, 1985 



1985] SENATE JOURNAL 25 

By Senators Tally, Harrington, Hunt of Moore, Marvin, McDuffie, Rand, Redman, 
Shaw, Walker, Ward, and Woodard: 

S. B. 13, a bill to mandate that Department of Social Services report reports of child 
abuse and neglect in day care to the Licensing Commission, 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Rand, Redman, Shaw, 
Walker, Ward, and Woodard. 

S. B. 14, a bill to improve public awareness of day care child abuse and neglect law. 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Rand, Redman, Shaw, 
Walker, Ward, and Woodard. 

S. B. 15, a bill to strengthen the Licensing Commission's investigations of abuse and 
neglect in day care. 
Referred to Children and Youth Committee. 

By Senators Redman and Ballenger: 

S. B. 16, a bill to provide for attachment or garnishment and lien for ambulance service 
in Alexander County. 
Referred to Local Government and Regional Affairs Committee. 

Senator Taft moves that Rule 40 be suspended to allow the introduction and referral to 
Committee of the following bill, which motion prevails by a two-thirds majority vote. 

By Senators Martin of Pitt and Taft: 

S. B. 17, a bill to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consoUdation of the Greenville City School Administrative Unit 
and the Pitt County School Administrative Unit. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Hipps: 

S. B. 18, a bill to establish the North Carolina Center for Missing and Exploited 
Children. 

Senator Hipps offers a motion to suspend the rules to the end that the bill may be placed 
before the Senate for immediate consideration, which motion fails to prevail for lack of a 
two-thirds vote (electronically recorded). 

On motion of Senator Harrington, duly seconded, the Senate adjourns to meet tomor- 
row, February 8, at 10:00 A.M. 



February 7, 1985 



26 SENATE JOURNAL [Session 

FOURTH DAY " -: 



Senate Chamber - ., ., 

Friday, February 8, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Joy, we thank Thee for the excitement of this week, and for the opportunity 
we have had to be participants in the opening of the 1985 Session of the North CaroUna 
General Assembly. 

"0 God of Encouragement, we thank Thee for those who have made this first week 
easier for us: 
For our Principal Clerk and her staff. 

For our Sergeant-at-Arms and her staff, , - , - 

For our Lieutenant Governor, 
For our pages, 
For our secretaries. 
For our veteran Senators, 
For our families, and 

For all others who have ministered to us this week. 
We give Thee thanks, Lord. 

"0 God of the Family; as we go home for the weekend, deliver us from the temptation to 
spend all our time catching up on our work or attending to Senate matters, and help us to 
set aside some time to be with our spouse and children. 

"0 God of the Renewal, remind us of our need for spiritual as well as physical renewal 
and help us to maintain the disciplines of scripture reading, prayer, and corporate 
worship — that we may keep our spirits in tune to Your will for our lives. Deliver us from 
the temptation to neglect our opportunities for worship and grant that this weekend, and 
every weekend, that we may faithfully attend the services at our church or synagogue. 

"0 God of Grace, guide us through today's Session, give us a safe trip home; refresh us of 
body, mind, and spirit over the weekend, and by Thy grace, bring us back to this Chamber 
on Monday with renewed zeal to serve Thee and our fellowman. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Craven for today. Leaves 
of absence granted previously to Senators Thomas of Henderson and Johnson of Cabarrus 
are noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 



February 8, 1985 



1985] SENATE JOURNAL 27 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 17, a bill to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consolidation of the Greenville City School Administrative Unit 
and the Pitt County School Administrative Unit, v^ith a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The follov^ing bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follou^s: 

By Senator Hipps: 

S. B. 18, a bill to establish the North Carohna Center for Missing and Exploited 
Children. 
Referred to Children and Youth Committee. 

By Senator Royall: 

S. B. 19, a bill to increase State sales and use taxes by one-half percent, to provide an 
individual income tax credit, to exempt money from the tax on intangible personal 
property, and to establish a reserve for public school capital construction. 

Referred to Finance Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Ward, and Woodard: 

S. B. 20, a bill to improve the law^ regarding minimum licensing standards for day-care 
facilities. 

Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Redman, Ward, and 
Woodard: 

S. B. 21, a bill to improve the enforcement of day-care licensing. 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Rand, Ward, and 
Woodard: 

S. J. R. 22, a joint resolution continuing the Legislative Research Commission Day- 
Care Study. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Ward, and Woodard: 

S. B. 23, a bill to expand the juvenile law definition of caretaker. 
Referred to Judiciary I Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Ward, and Woodard. 

S. B. 24, a bill to provide for the protection of children in day-care plans through 
imposition of mandatory minimal standards and compliance inspections. 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Ward, and Woodard: 



February 8, 1985 



28 SENATE JOURNAL [Session 

S. B. 25, a bill to provide for a provisional license for day-care facilities and plans in cases 
of substantiated child abuse and neglect. 
Referred to Children and Youth Committee. 

By Senators Tally, Harrington, Hipps, Hunt of Moore, Marvin, Ward, and Woodard: 

S. B. 26, a bill to provide funds for the more efficient enforcement of day-care regula- 
tion. 
Referred to Appropriations Committee. 

On motion of Senator Harrington, seconded by Senator Rand, the Senate adjourns to 
meet Monday, February 11, at 8:00 P.M. 



FIFTH DAY 



Senate Chamber, 
Monday, February 11, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"0 God of Renewal, we thank Thee for the time of renewal you granted us this past 
weekend with our family and friends. For the love, support, and encouragement which we 
received from our spouse and children, and for the inspiration which we received in 
services of worship — we give Thee thanks, Lord. 

"0 God of New Beginnings, we thank Thee for the beginning of this new week of 
legislative action. 

"For the zeal and enthusiasm of our freshmen Senators, for the wisdom and experience 
of our veteran Senators, for the opportunity to deepen old friendships, and for the chance 
to develop new friendships, we give thanks, Lord. 

"0 God of Wisdom, guide us by Thy Spirit, as we begin deliberations in our committees 
and as we begin debate on this floor — as we deal with important and sometimes politically- 
sensitive issues — make us open initially to all points of view, grant that we may search for 
Thy will, and give us courage to stand up for our convictions, but deliver us from personal 
attacks on individuals who may have deep commitments to positions that vary sharply 
from our own views. In all of our deliberations in this Chamber, grant, we pray Thee, that 
our words and deeds may be tempered with love, wisdom, patience, and compassion. 

"All this we ask in the name of the all- wise God who tells us in His Word that 'A soft 
answer turns away wrath, but a harsh word stirs up anger.' Amen" 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



February 11, 1985 



1985] SENATE JOURNAL 29 

The President grants a leave of absence to Senator Staton for today. Leaves of absence 
granted previously to Senators Thomas of Henderson and Johnson of Cabarrus are noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Woodard: 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North Carolina Consumer Finance Act. 
Referred to Commerce Committee. 

By Senator Johnson of Wake: 

S. B. 28, a bill to clarify the priority of claims in dehnquency proceedings against 
insurers. 

Referred to Insurance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 2, a bill to schedule the regular primary and general election in Vance County for 
members of the Board of County Commissioners and Board of Education not conducted in 
1984 due to delay caused by submissions to United States Department of Justice. 

Referred to Election Laws Committee. 

H. B. 29, a bill to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consolidation of the Greenville City School Administrative Unit 
and the Pitt County Administrative Unit. 

On motion of Senator Taft, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 17, a bill to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consolidation of the Greenville City School Administrative Unit 
and the Pitt County School Administrative Unit. 

Senator Taft offers a motion that S. B. 17 be postponed indefinitely. 

Following discussion, and without objection, the Chair orders the bill removed from the 
Calendar for tonight and placed on the Calendar for tomorrow, February 12. 

The President recognizes the following pages serving in the Senate this week: Susan 
Leigh Cochran, Raleigh; Brenda Jane Elkins, Fayetteville; Paul Harrison Hackney, 
Washington; Dave Phillips Henderson, Cary; Richard Henry Holmes, Swansboro; Joy 
Virginia Johnson, Mt. Gilead; Linda Jo Justice, Hot Springs; Angela Michelle Langley, 



February 11, 1985 



30 SENATE JOURNAL [Session 

Sharpsburg; Bridget Karen Lawlor, Hope Mills; Wendy Joye Lofton, Wilmington; Shana 
Tolanda Redd, Hampstead; and Barbra Worley, Raleigh. 

On motion of Senator Harrington, seconded by Senator Speed, the Senate adjourns to 
meet tomorrow, February 12, at 1:30 P.M. 



SIXTH DAY 



Senate Chamber, 
Tuesday, February 12, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Michael W. Safley, Associate Director, The Council 
on Ministries, North Carolina Conference of the United Methodist Church, Raleigh, as 
follows: 

"0 Lord, You are our Source of strength, our Source of comfort, our Source of hope, and 
our Source of love. For these and all other blessings we give You thanks. Lord, we also 
give You thanks for every person in these Chambers. We thank You for their famihes and 
the persons within our State that each represents. We also give You thanks for the 
sacrifices each Senator, their families, other officials and staff make in order to serve all 
persons in North Carolina; and the sacrifices and hard work that each person performs in 
order to make North. Carolina a better place in which to hve. 

"Lord, in our deliberations, discussions, and debates give us wisdom and wise counsel. 
Help us to make the right choices. Empower us to put aside all selfish concerns, all petty 
differences, and all idealogical labels of conservatism or liberalism. Instead, Lord, unite 
us as one working for the common purpose of furthering the equality and dignity of all 
persons in our State and enabling North CaroHna to reach her potential, with You as our 
guide and our hope. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Staton for today. Leaves of absence 
granted previously to Senators Thomas of Henderson and Johnson of Cabarrus are noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 29, an act to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consolidation of the Greenville City School Administrative Unit 
and the Pitt County Administrative Unit. (Ch. 2) . 



February 12, 1985 



1985] SENATE JOURNAL 31 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 16, a bill to provide for attachment or garnishment and lien for ambulance service 
in Alexander County, with a favorable report. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 28, a bill to clarify the priority of claims in delinquency proceedings against 
insurers, with a favorable report, as amended. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 17, a bill to provide for the creation of an interim Board of Education for Pitt 
County and subsequent consolidation of the Greenville City School Administrative Unit 
and the Pitt County School Administrative Unit. 

On motion of Senator Taft, consideration of the bill is postponed indefinitely. 

APPOINTMENT OF COMMITTEES 

The President of the Senate announces the following changes in Committee appoint- 
ments: 

AGRICULTURE COMMITTEE: Senator Basnight is appointed. 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY COMMITTEE: Sena- 
tor Barnes is removed and Senator Johnson of Wake is appointed. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES COM- 
MITTEE: Senator Johnson of Wake is removed and Senator Barnes is appointed. 

CHILDREN AND YOUTH COMMITTEE: Senators Kaplan and Taft are removed 
and Senators Conder and Speed are appointed. 

ELECTION LAWS COMMITTEE: Senator Jordan is appointed. 

INSURANCE COMMITTEE: Senator Parnell is appointed Vice-Chairman and Sena- 
tor Taft is appointed. 

JUDICIARY I COMMITTEE: Senator Woodard is appointed. 

JUDICIARY II COMMITTEE: Senator Marvin is appointed and Senator Woodard is 
removed. 

JUDICIARY III COMMITTEE: Senator Walker is appointed and Senator Marvin is 
removed. 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE: Senator 
Walker is appointed Vice-Chairman and Senator Barnes is removed. 



February 12, 1985 



32 SENATE JOURNAL [Session 

PENSIONS AND RETIREMENT COMMITTEE: Senator Somers is removed. 

STATE GOVERNMENT COMMITTEE: Senator Redman is appointed. 

TRANSPORTATION COMMITTEE: Senator Thomas of Craven is appointed. 

WAYS AND MEANS COMMITTEE: Senator Ballenger is appointed. 

On motion of Senator Harrington, seconded by Senator Martin of Guilford, the Senate 
adjourns to meet tomorrow, February 13, at 1:30 P.M. 



SEVENTH DAY 



Senate Chamber, 
Wednesday, February 13, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, we thank Thee for this day and for its blessings. We thank Thee for 
Your love which always surrounds us, and in this season of Valentine's as we remember 
our loved ones, remember also Your love for us always, and grant that in all we do and say 
we may demonstrate love and support, not only for those close to us but for our neighbors 
and friends and even those who may misuse us, so that love may become indeed, the 
hallmark of our life. 

"For this we ask in Your name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Staton for today and to Senator Guy 
for Friday, February 15. A leave of absence granted previously to Senator Thomas of 
Henderson is noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Parnell, Guy, and Warren: 

S. B. 29, a bill to change the method for measuring the tread depth on tires to determine 
whether or not they are safe. 

Referred to Transportation Committee. 

By Senators Parnell, Barnes, Guy, and Warren: 

S. B. 30, a bill to add safety belts to the items subject to the annual safety inspection. 
Referred to Transportation Committee. 



February 13, 1985 



1985] SENATE JOURNAL 33 

By Senators Parnell, Barnes, Guy, and Warren: 

S. B. 31, a bill to make windshields subject to the annual safety inspection. 
Referred to Transportation Committee. 

By Senators Winner, Martin of Guilford, Rand, Taft, and Woodard: 

S. B. 32, a bill to permit enforcement of alimony judgments while on appeal. 
Referred to Judiciary IV Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 16, a bill to provide for attachment or garnishment and lien for ambulance service 
in Alexander County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of 
Pitt, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Walker, 
Ward, Warren, Winner, Woodard, and Wright — 45. 

Voting in the negative: Senator Watt — 1. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 28, a bill to clarify the priority of claims in dehnquency proceedings against 
insurers. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Winner to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate adjourns to 
meet tomorrow, February 14, at 1:30 P.M. 



EIGHTH DAY 



Senate Chamber, 
Thursday, February 14, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Father Charles Mulholland, St. Michael's Cathohc Church, Gary, 
as follows: 

"Let us turn our thoughts to the Divine Power that gave us Hfe; to the God Who created 
the human mind that can devise so many wonderful laws. We recognize the thankfulness 



February 14, 1985 



34 SENATE JOURNAL [Session 

we should feel for all the gifts we have received. We acknowledge our dependence upon a 
grace that comes from beyond our own power. 

"Our hearts turn to You, Lord, as a child turns to the arms of a parent, and we beg 
You to continue to guide and feed us. 

"You have favored us beyond our just desserts; guide us to show the same benevolent 
care to all those in need. Put the right words into our minds that we may bear witness to 
Your truth, justice and mercy. On this feast of St. Valentine, the patron of love, make us 
aware of our own fallibility and the sincerity of those who disagree with us. 

"Lord, bless us; may this Senate be receptive to the wisdom that comes from above and 
in the midst of the tensions and trials of service to Your people, grant us Your mercy and 
Your peace. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Martin of Pitt for tomorrow, 
February 15. A leave of absence granted previously to Senator Thomas of Henderson is 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. J. R. 4, a joint resolution informing His Excellency, Governor James G. Martin, that 
the General Assembly is organized and ready to proceed with public business and inviting 
the Governor to address a joint session of the Senate and House of Representatives at 12 
o'clock Noon on Thursday, February 28, 1985. (Res. 1) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kincaid: 

S. B. 33, a bill to amend the law regarding appropriations to Caldwell Community 
College. 
Referred to Appropriations Committee. 

By Senator Guy: 

S. B. 34, a bill to extend the date by which the Property Tax System Study Committee 
must submit its final report. 

Referred to Rules and Operation of the Senate Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



February 14, 1985 



1985] SENATE JOURNAL 35 

H. J. R. 56, a joint resolution honoring the founders of Prince ville, the State's oldest 
incorporated black community. 

On motion of Senator Martin of Pitt, the rules are suspended, and the joint resolution is 
placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

S. B. 5, a bill to revise the membership of the Advisory Budget Commission, as 
amended, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Plyler, the rules are suspended, and the bill, as amended, is placed 
before the Senate for immediate consideration. 

On motion of Senator Plyler, the Senate concurs (electronically recorded) in House 
Amendments No. 1 and No. 2, and the bill is ordered enrolled. 

H. B. 34, a bill to repeal an act providing that Pamhco County may provide home health 
services other than as provided by general law. 
Referred to Human Resources Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 16, a bill to provide for attachment or ganishment and hen for ambulance service in 
Alexander County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson 
of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of 
Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Walker, Ward, Warren, Winner, Woodard, and Wright — 46. 

Voting in the negative: Senator Watt — 1. 

The bill is ordered sent to the House of Representatives. 

S. B. 28, a bill to clarify the priority of claims in dehnquency proceedings against 
insurers, as amended, upon third reading. 

Senator Watt offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Basnight, the Senate adjourns 
to meet tomorrow, February 15, at 10:00 A.M. 



NINTH DAY 



Senate Chamber, 
Friday, February 15, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 



February 15, 1985 



36 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Rufus H. Stark II, Executive Director, Methodist 
Home for Children, Raleigh, as follows: 

"Gracious God of all creation, v^^e give You thanks for gifts to human beings of reason 
and free choice. It is through reason that we have the potential to understand Your world, 
one another, and Your love for Your creation. It is through freedom of choice that we can 
choose ways to affirm one another, ways to care for Your creation, and ways to respond to 
Your love. 

"Help us, God, not to use Your gifts of reason and free will to choose to exploit one 
another and Your creation for selfish ends; to seeks one's own interests above the broader 
good which is consistent with Your will, and thus to set oneself over against You. 

"Your gifts, God, of reason and freedom make for the struggle of life which leads to 
creativity. Bless, Lord, The Senate of the State of North Carolina, and grant to each one 
of the members a reasonable mind, the nerve to be free, and the grace to make choices 
which affirm the worth of every person of this State. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Martin of Pitt and Guy for today and 
to Senator Winner for Monday, February 18, due to a necessary court appearance. A 
leave of absence granted previously to Senator Thomas of Henderson is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 5, an act to revise the membership of the Advisory Budget Commission. (Ch. 3) 

H. J. R. 56, a joint resolution honoring the founders of Princeville, the State's oldest 
incorporated black community. (Res. 2) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. B. 6, a bill to designate the Horsepasture River a scenic river and to authorize a study 
to consider including the River in the State Parks System, with a favorable report, as 
amended. 

S. B. 34, a bill to extend the date by which the Property Tax System Study Committee 
must submit its final report, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 



February 15, 1985 



1985] SENATE JOURNAL 37 

read the first time, and disposed of as follows: 

By Senators Thomas of Craven and Guy: 

S. B. 35, a bill to increase the annual income tax exclusion for federal civil service and 
military retirement pay. 
Referred to Pensions and Retirement Committee. 

By Senators Winner, Barnes, Swain, Johnson of Wake, and Warren: 

S. B. 36, a bill to require draft registration of certain military dependents for scholar- 
ship and in-state tuition purposes. 
Referred to Education Committee. 

APPOINTMENT TO COMMISSION 

The President of the Senate appoints the following members to the Advisory Budget 
Commission: 

Senator Harold W. Hardison 
Senator William N. Martin 
Senator Kenneth C. Royall, Jr. 
Senator R. P. Thomas 
Senator Wilma C. Woodard. 

On motion of Senator Harrington, seconded by Senator Jordan, the Senate adjourns to 
meet Monday, February 18, at 8:00 P.M. 



TENTH DAY 



Senate Chamber, 
Monday, February 18, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Joseph Bethea, Administrative Assistant to the Bishop and 
Director of Ministerial Relations, North Carolina Conference, United Methodist Church, 
Raleigh, as follows: 

"We thank You, God, for life and for the joy of living; we thank You for this day and for 
every privilege and opportunity we have had to serve You, and to serve our sisters and 
brothers today; and if in any way we have failed You or them, grant that we may be 
forgiven. Bless those who gather in this place and in like assemblies everywhere, that in 
their deliberations and in their decisions, they may glorify Your Name and bless all those 
they represent. This is our prayer, God. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



February 18, 1985 



38 SENATE JOURNAL [Session 

The President grants a leave of absence to Senator Watt for today and for tomorrow, 
February 19, due to a previously scheduled court appearance. A leave of absence granted 
previously to Senator Winner is noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS - r 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Parnell: ' 

S. B. 37, a bill to increase the fees for the equipment inspection of motor vehicles. 
Referred to Transportation Committee. 

By Senators Staton, Woodard, and Johnson of Wake: 

S. B. 38, a bill to change the eligible adoption age for children under the scholarships for 
children of war veterans program. 
Referred to State Government Committee. 

By Senators Warren, Hipps, Johnson of Wake, Plyler and Rand: 

S. B. 39, a bill to make the use of seat belts in motor vehicles mandatory and to remove 
the sunset on the use of child restraint devices. 
Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 25, a bill to recodify Article 7A of Chapter 65 of the General Statutes as Article 
13B of Chapter 90. 
Referred to Human Resources Committee. 

H. B. 27, a bill to provide penalties for removal of "separate" property during separa- 
tion when an equitable distribution will be or is requested. 
Referred to Judiciary IV Committee. 

H. B. 65, a bill to extend the date by which the Criminal Code Revision Study 
Committee must submit its final report. 

On motion of Senator Martin of Guilford, the rules are suspended (electronically 
recorded), and the bill is placed on the Calendar for tonight. 

H. B, 68, a bill to authorize use of UDAG funds by the Town of Warsaw. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 6, a bill to designate the Horsepasture River a scenic river and to authorize a study 
to consider including the River in the State Parks System. 



February 18, 1985 



1985] SENATE JOURNAL 39 

On motion of Senator Hipps, Committee Amendment No. 1 is adopted, changing the 
title to read, S. B. 6, a bill to designate the Horsepasture River a natural river and to 
provide for a study to consider including the River in the State Parks System. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 34, a bill to extend the date by which the Property Tax System Study Committee 
must submit its final report. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 65, a bill to extend the date by which the Criminal Code Revision Study 
Committee must submit its final report. 

The bill passes its second and third readings (electronically recorded) and is ordered 
enrolled. 

Senator Royall moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

Senator Royall moves that the vote by which the bill passed its second reading be 
reconsidered, which motion prevails. 

The President rules the public bill requires an electronically recorded vote upon second 
reading. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

RE-REFERRAL 

S. B. 35, a bill to increase the annual income tax exclusion for federal civil service and 
military retirement pay. 

Without objection, the Chair orders the bill taken from the Pensions and Retirement 
Committee and re-referred to the Finance Committee. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills and resolutions pre- 
viously introduced: 

Senator Warren: 

S. B. 35, a bill to increase the annual income tax exclusion for federal civil service and 
military retirement pay. 

The President recognizes the following pages serving in the Senate this week: Suzannah 
Quincy Beard, Raleigh; Elizabeth Rives Cheek, Mars Hill; Sonja Rochelle Cloud, Raleigh; 
Jim Hester, Greenville; Caroline Louise Johnson, Raleigh; Susan Briles Johnson, 
Raleigh; Karen Kennedy, Winston-Salem; Laura Ann Ledford, Weaverville; Lee Andrea 
Miller, Raleigh; John Howard Moore, Raleigh; Christal Sanders, Raleigh; Melanie 
Teague, Nashville; Nichole Lannette Thompson, Raleigh; Molly Sue Vernon, Sanford; 
Helen Frances Vollmer, Bunn; Clarence George Walck HI, China Grove; and Caroline 
Yancey, Raleigh. 

On motion of Senator Harrington, seconded by Senator Martin of Guilford, the Senate 
adjourns to meet tomorrow, Tuesday, February 19, at 1:30 P.M. 



February 18, 1985 



40 SENATE JOURNAL [Session 

ELEVENTH DAY 

Senate Chamber, 
Tuesday, February 19, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. W. T. DuBose, First Presbyterian Church, Rockingham, as 
follows: 

"Almighty God, as this Body seeks to order the affairs of our beloved State, we thank 
You. It is found appropriate to pause for prayer. This acknowledges a higher power and a 
more profound wisdom than that which prevails in this council of men and women. With 
this understanding, we turn to You for guidance this day and throughout the days of this 
session of the Legislature. May justice be the guiding principle by which all legislation is 
evaluated. 

"Where there may be an impulse to depart from absolute justice, let it be in the direction 
of charity and mercy. Bless the decisions reached here to the common good of the people of 
our State. May privileges such as are enjoyed by this present company be more extensive 
among the people we serve. Give to those who have the power to move North Carolina in 
that direction both the wisdom and the grace to react responsibly to this challenge. We 
pray for Thy name's sake. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

Leaves of absence granted previously to Senators Watt and Winner are noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 65, an act to extend the date by which the Criminal Code Revision Study 
Committee must submit its final report. (Ch.4) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 68, a bill to authorize use of UDAG funds by the Town of Warsaw, with a favorable 
report. 

On motion of Senator Ezzell, the rules are suspended (electronically recorded) and the 
bill is placed before the Senate for immediate consideration. 



February 19, 1985 



1985] SENATE JOURNAL 41 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Senate 
adjourns to meet tomorrow, February 20, at 12:30 P.M. 



TWELFTH DAY 



Senate Chamber 
Wednesday, February 20, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"Almighty God, as we observe this day which Christians call Ash Wednesday, we 
acknowledge that our sins are such as sent Jesus to the cross. 

"All of us have at one time or another given in to mob psychology and allowed the 
innocent to suffer and be crucified, so that our friends or associates, like Barabbas, might 
go free. 

"All of us — preachers, politicians, and lay people — like Pilate, have tried, at some point 
in our life, to wash our hands of a politically sensitive issue, and refused to take the 
position we know we should have taken, because we were afraid that the crowd or our 
party members might riot and turn against us. 

"All of us, like the soldiers, have sometimes given in to the temptation to kick a man 
when he was down. We have all — ministers and laymen — mocked those whose opinions or 
beliefs differed from our own, instead of seeking to understand them. Each of us has at 
some point inflicted unnecessary pain on those over whom we had control — placing a 
crown of thorns on the head of persons who had already experienced more than their fair 
share of pain and suffering. 

"0 God of Mercy, we come to Thee in sackcloth and ashes, like the prophets of old, and 
pray for Thy forgiveness. 

"Forgive us for all our sins of omission and commission; renew a right spirit within; and 
give us grace to live a life of love, tenderness, and compassion — in a world that is often 
hard and cruel. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Kincaid for today, Thursday, 
February 21, and Friday, February 22. 

The President appoints Senators Basnight, Guy, Hardison, and Speed as a delegation 



February 20, 1985 



42 SENATE JOURNAL [Session 

representing the Senate of the North Carolina General Assembly at the funeral of John 
Thomas James, son of Representative Vernon G. James, which will be held tomorrow, 
February 21. 

ENROLLED BILLS 

The EnrolHng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 68, an act to authorize use of UDAG funds by the Town of Warsaw. (Ch. 5) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Kaplan for the Election Laws Committee: 

H. B. 2, a bill to schedule the regular primary and general elcetion in Vance County for 
members of the Board of County Commissioners and Board of Education not conducted in 
1984 due to delay caused by submissions to United States Department of Justice, with a 
favorable report. 

Without objection, the bill is placed on the Calendar for Friday, February 22. 

By Senator Harris for the Human Resources Committee: 

H. B. 34, a bill to repeal an act providing that PamHco County may provide home health 
services other than as provided by general law, with a favorable report. 
Without objection, the bill is placed on the Calendar for Friday, February 22, 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hardison, Swain, Guy, Rauch, Jordan, and Harris: 

S. B. 40, a bill to amend the Constitution to provide for a six-year term for the Governor 
and Lieutenant Governor, and prohibiting a person from serving two consecutive six-year 
terms. 

Referred to Judiciary IV Committee. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate adjourns to 
meet tomorrow, Thursday, February 21, at 2:00 P.M. 



THIRTEENTH DAY 



Senate Chamber, 
Thursday, February 21, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable J. J. 
Harrington, President Pro Tempore. 



February 21, 1985 



1985] SENATE JOURNAL 43 

Prayer is offered by the Reverend Suzanna Ross Helms. Saint James United Methodist 
Church, Raleigh, as follows: 

"Eternal and loving God, we unite oui' hearts in prayer 

because we need to know the stillness of Your presence, just as You are present with 
us always, in good times and in bad: 

because we need to feel Your power that moves through us — power that makes us 
creatively search our own heaits; 

because we seek wisdom that can only be granted by You — '.\isdom that enables us to 
understand and respond to the needs of others. 

"Guide us, God, in the dehberations that are before us that we may have good 
judgment and make wise decisions. Be especially present with those who lead us that their 
guidance may be beneficial to us in the days and weeks to come. 

"Finally, keep us in Your care when we part from one another that we may know Your 
love that binds us to one another and to all Your children as sisters and brothers. 

"These and all things we pray assured of Your love and safekeeping. Amen." 

Senator Guy for the Rules and Operation of the Senate Committee announces that the 
Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore grants leaves of absence to Senators Royall and Kincaid for 
today and tomoiTow. February' 22, who are meeting with President Ronald Reagan, 
Secretary- of Agriculture John Block, and Budget Director David Stockman in Washing- 
ton, D. C, and to Senator Simpson for tomorrow, Februarv' 22. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas of Henderson and McDuffie: 

S. B. 41, a bill to amend Chapter 636 of the 1981 Session Laws relative to military' 
service retirement purchase. 
Refen-ed to Pensions and Retirement Committee. 

By Senator Thomas of Henderson: 

S. B. 42, a bill to authorize coordinators to complete limited driving privilege forms for 
indigents. 
Referred to Judiciar>- III Committee. 

By Senator Royall: 

S. B. 43, a bill to authorize the expenditure of private gifts for a ne\y dormiton,- and 
infirmary- at the North Carolina School of Science and Mathematics. 
Referred to Appropriations Committee. 

By Senators Sawwer and Shaw: 



February- 21. 1985 



44 SENATE JOURNAL [Session 

S. B. 44, a bill to require regular superior court judges to be both nominated and elected 
in their resident judicial districts. 
Referred to Judiciary III Committee. 

By Senator Warren: 

S. B. 45, a bill to enhance the role of the State Board of Education as the principal voice 
for elementary and secondary education in North Carolina. 
Referred to Education Committee. 

By Senators Warren, Harris, McDuffie, and Ranch: 

S. B. 46, a bill to amend the Constitution and the General Statutes to change the method 
of selecting the members of the State Board of Education and to make the Office of the 
Superintendent of Public Instruction appointive. 

Referred to Education Committee: 

By Senators Warren and McDuffie: 

S. B. 47, a bill to provide for State funding of vocational education under the Federal 
Vocational Education Act. 

Referred to Education Committee. 

By Senators Ezzell and Harrington: 

S. B. 48, a bill to increase compensation of sanitary district boards in Halifax County. 
Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The foUovv^ing special message is received from the House of Representatives: 

S. J. R. 4 House of Reprresentatives 

February 20, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to S. J. R. 4, a joint resolution informing His Excellency, Governor James G. 
Martin, that the General Assembly is organized and ready to proceed with public business 
and inviting the Governor to address a Joint Session of the Senate and House of Repre- 
sentatives at 12 o'clock Noon on Thursday, February 28, 1985, the Speaker has appointed 
the following members of the House of Representatives to serve with a like Committee of 
the Senate to invite, greet and escort the Governor to the Joint Session: 

Representative Robert Brawley 
Representative LeRoy Spoon 
Representative Jo Graham Foster 
Representative Ruth Easterling 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 



February 21, 1985 



1985] SENATE JOURNAL 45 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 2, a bill to schedule the regular primary and general election in Vance County for 
members of the Board of County Commissioners and Board of Education not conducted in 
1984 due to delay caused by submissions to United States Department of Justice. 

On motion of Senator Kaplan, the bill is taken from the Calendar for Friday, February 
22, and is placed before the Senate for immediate consideration. 

The bill passes its second and third readings and is ordered enrolled. 

On motion of Senator Barnes, seconded by Senator Basnight, the Senate adjourns to 
meet tomorrow, Friday, February 22, at 9:00 A.M. 



FOURTEENTH DAY 



Senate Chamber, 
Friday, February 22, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Rabbi Abe W. Schoen, Beth Meyer Synagogue, Raleigh, as 
follows: 

"George Washington once, wrote. Tor happily the government of the United States 
which gives to bigotry no sanction, to persecution no assistance, requires only that they 
who live under its protection should demean themselves as good citizens in giving it on all 
occasions their effectual support.' 

"Almighty God, we pray that the legislators of the State of North Carolina will eternally 
heed the words of the 'Father of Our Country.' May the laws which they enact accrue to 
the benefit of all who reside in this State. And may harmony, peace, and happiness always 
abide among us." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators McDuffie and Watt for today. 
Leaves of absence granted previously to Senators Royall, Simpson, and Kincaid are 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 34, an act to extend the date by which the Property Tax System Study Committee 
must submit its final report. (Ch. 6) 



February 22, 1985 



46 SENATE JOURNAL [Session 

H. B. 2, an act to schedule the regular primary and general election in Vance County for 
members of the Board of County Commissioners and Board of Education not conducted in 
1984 due to delay caused by submissions to United States Department of Justice. (Ch. 7) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Winner for the Education Committee: 

S. B. 36, a bill to require draft registration of certain military dependents for scholar- 
ship and in-state tuition purposes, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Warren, Hardison, and Martin of Guilford: 

S. B. 49, a bill to estabUsh State and local funding responsibilities for the uniform 
system of free public schools. 
Referred to Education Committee. 

By Senators Rand and Plyler: 

S. B. 50, a bill to modify special budgetary provisions contained in Chapter 1034 of the 
1983 Session Laws which relate to interest income on N. C. Housing Finance Agency bond 
reserve appropriations. 

Referred to Commerce Committee. 

By Senator Ezzell: 

S. B. 51, a bill to repeal local legislation permitting the sale of rock fish in Halifax and 
Northampton Counties. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Sawyer: 

S. B. 52, a bill to increase the time during which community service for impaired driving 
convictions must be completed. 
Referred to Judiciary I Committee. 

By Senator Sawyer: 

S. B. 53, a bill to grant veto power to the Governor. 

Referred to Judiciary I Committee. » 

By Senator Sawyer: 

S. B. 54, a bill to lift the sunset on the child restraint requirement. 
Referred to Children and Youth Committee. 



February 22, 1985 



1985] SENATE JOURNAL 47 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 89, a bill to authorize the study commission to examine alternatives for increasing 
public awareness of the importance of agriculture, forestry, and seafood in North Carolina 
to report to the General Assembly by April 15, 1985. 

On motion of Senator Speed, the bill is placed on the Calendar for Monday, February 25 
(electronically recorded.) 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 34, a bill to repeal an act providing that Pamlico County may provide home health 
services other than as provided by general law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Kaplan, the Senate adjourns to 
meet Monday, February 25, at 8:00 P.M. 



FIFTEENTH DAY 



Senate Chamber, 
Monday, February 25, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B, Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend R. Keith Glover, Associate Minister, White Plains 
United Methodist Church, Gary, as follows: 

"God of all eternity. You have brought us through another day to this special time and 
place. For that we give You thanks and seek Your divine guidance in the tasks that are 
before us in this hour. 

"God of love and compassion for all people, our ever-present help in the daily struggles 
of our lives, we ask not for safety from struggle or protection from conflict, but for courage 
and strength to be faithful to the cause of truth. 

"Thou who are the source of all wisdom, inspire and illumine the minds of those gathered 
here entrusted with responsibility for leadership in government. We pray not only for 
minds that perceive the truth, but also for eyes that see beauty in the world around us, 
ears that hear the cries of the needy, and hearts that respond with love and compassion. 

"Endow us with right understanding, pure purposes, and sound speech. Enable us to 
rise above self-seeking and party zeal to the nobler concerns of public good and human 
brotherhood. 

"And above all, help us not to forget who You are, and who we are: a people under God 
entrusted with the privilege and responsibility of pursuing life, liberty, and justice for all. 
Amen." 



February 25, 1985 



48 SENATE JOURNAL [Session 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Plyler for tomorrow, February 26. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 16, an act to provide for attachment or garnishment and lien for ambulance service 
in Alexander County. (Ch. 9) 

H. B. 34, an act to repeal an act providing that Pamlico County may provide home 
health services other than as provided by general law. (Ch. 8) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Marvin, Harris, and Rauch: 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries. 
Referred to Pensions and Retirement Committee. 

By Senators Staton, Hardison, Harrington, Hunt of Durham, Johnson of Wake, Rand, 
Rauch, Taft, Walker, and Woodard: 

S. B. 56, a bill to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission. 
Referred to Judiciary II Committee. 

By Senators Barnes and Winner: 

S. B. 57, a bill to clarify the treatment of unspecified sentences that are required by 
statute to run consecutively with any other sentence. 
Referred to Judiciary I Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 92, a joint resolution memoriaUzing Congress to quickly approve the Interstate 
Cost Estimate made by the Secretary of Transportation. 

On motion of Senator Warren, the joint resolution is placed on the Calendar for 
Tuesday, February 26. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



February 25, 1985 



1985] SENATE JOURNAL 49 

H. B. 16, a bill making a technical correction to the revenue laws. 
Referred to Finance Committee. 

H. B. 59, a bill to abolish the office of constable in the Town of Dublin and bring the 
Town under the general law relating to appointment of police. 

Referred to Local Government and Regional Affairs Committee 

H. B. 67, a bill to give the surviving cotenant of a lock box access to life insurance 
policies stored in the box. 

Referred to Judiciary II Committee. 

H. B. 73, a bill to allow a divorced or separated parent to claim an income tax deduction 
for expenses for medical care for his child, regardless whether the parent provided over 
one-half his child's support for the taxable year. 

Referred to Finance Committee. 

H. B. 75, a bill to make clear that the privilege license tax on persons engaged in the 
business of selling knives and other weapons does not apply to persons engaged in the 
business of selling slingshots. 

Referred to Finance Committee. 

H. B. 79, a bill to revise and consoUdate the Charter of the Town of Kenly and to repeal 
prior local acts. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 84, a bill clarifying the Health Maintenance Organization Act. 
Referred to Insurance Committee. 

H. B. 91, a bill to provide for nomination of members of the State Board of Elections by 
the State political party chairmen, and concerning the term of office of the Executive 
Secretary-Director. 

Referred to Election Laws Committee. 

S. B. 28, a bill to clarify the priority of claims in delinquency proceedings against 
insurers, for concurrence in the House amendment, which is placed on the Calendar for 
tomorrow, Tuesday, February 26. 

APPOINTMENT OF COMMITTEES 

The President of the Senate announces the following changes in committee appoint- 
ments: 

State Government Committee: Senator Johnson of Wake is appointed. 
Ways and Means Committee: Senator Johnson of Cabarrus is appointed. 

ESCORT COMMITTEE 

The President orders a Special Message sent to the House of Representatives informing 
that Honorable Body that pursuant to S. J. R. 4, a joint resolution inviting His Excellency, 
Governor James G. Martin, to address a Joint Session of the Senate and House of 
Representatives at 12:00 M. , Thursday, February 28, 1985. The following members of the 
Senate are appointed to serve with a like Committee of the House of Representatives to 
invite, greet, and escort the Governor to the Joint Session: Senators Harrington, Royall, 
Redman and Watt. 



February 25, 1985 



50 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 36, a bill to require draft registration of certain military dependents for scholar- 
ship and in-state tuition purposes. 

On motion of Senator Rauch, the bill is withdrawn from the Calendar and re-referred to 
the Higher Education Committee. 

H. B. 89, a bill to authorize the study commission to examine alternatives for increasing 
public awareness of the importance of agriculture, forestry, and seafood in North Carohna 
to report to the General Assembly by April 15, 1985. 

Without objection, consideration of the bill is postponed until Tuesday, February 26, 

The President recognizes the following pages serving in the Senate this week: John 
Britt, Gamer; Melissa Pace Johnson Brown, Raleigh; Marcilynn Anne Burke, Raleigh; 
Patrick Faison, Garner; Angle Herring, Goldsboro; Karen Jacobs, Goldsboro; Denise 
Jennings, Reidsville; Yolonda Jordan, Raleigh; Darleen Marie Martin, Goldsboro; Deb- 
orah Denise Mims, Raleigh; Allison Nantz, Charlotte; Michael O'Briant, Asheboro; Jill 
Painter, Raleigh; Melinda Pearce, Zebulon; MeUssa Carol Pollard, Benson; and Maura 
Smith, Asheville. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills and resolutions pre- 
viously introduced: 

Senator Smith: , 

S. B. 46, a bill to amend the Constitution and the General Statutes to change the method 
of selecting the members of the State Board of Education and to make the Office of the 
Superintendent of Public Instruction appointive. 

On motion of Senator Harrington, seconded by Senator Harris, the Senate adjourns to 
meet tomorrow, Tuesday, February 26 at 1:30 P.M. 



SIXTEENTH DAY 



Senate Chamber, 
Tuesday, February 26, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God, Who made of one blood, all races and nations of the world, we thank Thee for the 
contributions of yellow, red, black, and white people to the betterment of civilization. 

"In a nation that has been richly blessed by persons of every race, religion, and 
nationality, we give Thee thanks for the contribution of Jews, Roman CathoUcs, Protes- 
tants, Europeans, Asians, Africans, native Americans, and all others — to the fulfillment 
of the American dream. 



February 26, 1985 



1985] SENATE JOURNAL 51 

"In a month, when we have been recalling the contributions of blacks to our American 
heritage, we pause to give Thee thanks for Harriet Tubman, George Washington Carver, 
Mary McLeod Bethune, Martin Luther King, Jr. , Thurgood Marshall, and all other black 
leaders who have contributed positively to the development of our nation. 

"In a State where there are a large number of native Americans, blacks, and whites — 
we thank Thee for the positive contribution that members of each ethnic group have made 
to the life of North Carolina. 

"0 God of Peace, inspire us to live and work together in this State, in a spirit of love, 
brotherhood, and cooperation with persons of all races; and grant, we pray Thee, that in 
the land of the longleaf pine — that persons of every ethnic and religious background — may 
have the opportunity to develop their full potential under laws that are just, and in a 
climate which honors all and shows favoritism to none. 

"In the Name of God, our Father, Who desires that we live together in peace and good 
will as members of His family, we make this prayer. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President extends courtesies of the floor to the Honorable James M. Clarke, former 
Senator from Buncombe County, and former member of the United States House of 
Representatives, representing the 11th Congressional District, and to the Honorable I. 
Beverly Lake, former Associate Justice of the North Carolina Supreme Court. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Swain for the Judiciary III Committee: 

S. B. 42, a bill to authorize coordinators to complete limited driving privilege forms for 
indigents, with a favorable report, as amended. 

S. B. 44, a bill to require regular superior court judges to be both nominated and elected 
in their resident judicial districts, with an unfavorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Harris, Ballenger, Hardison, Hunt of Moore, Martin of Guilford, Marvin, 
McDuffie, Rauch, Redman, Royall, Smith, Walker, Ward, and Wright: 

S. B. 58, a bill to recodify the Mental Health, Mental Retardation, and Substance Abuse 
Laws of North CaroUna. 
Referred to Human Resources Committee. 



February 26, 1985 



52 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the followmg 
bills and resolutions, which are read the first time and disposed of as follows: 

H. J. R. 10, a joint resolution urging Congress and the President to take action 
necessary to moderate the growth of textile and apparel imports. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 72 (Committee Substitute), a bill to clarify that the legislative review of proposals 
to license new occupations and professions includes commissions. 
Referred to Judiciary IV Committee. 

H. B. 129, a bill to appropriate additional funds to the Department of Natural Resources 
and Community Development and to the Department of Justice. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 89, a bill to authorize the study commission to examine alternatives for increasing 
public awareness of the importance of agriculture, forestry, and seafood in North Carolina 
to report to the General Assembly by April 15, 1985. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 92, a joint resolution memorializing Congress to quickly approve the Interstate 
Cost Estimate made by the Secretary of Transportation. 

On motion of Senator Royall, the joint resolution is withdrawn from the Calendar and 
referred to the Rules and Operation of the Senate Committee (electronically recorded). 

S. B. 28, a bill to clarify the priority of claims in dehnquency proceedings against 
insurers, for concurrence in House Amendment No. 1. 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendment No. 1 
(electronically recorded), and the bill is ordered enrolled. 

RECONSIDERATION 

S. B. 36, a bill to require draft registration of certain military dependents for scholar- 
ship and in-state tuition purposes. 

Senator Winner moves that the vote by which the bill was taken from the Calendar of 
February 25 and re-referred to the Higher Education Committee be reconsidered, 
which motion prevails (electronically recorded). 

The bill remains before the Senate for further consideration. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Rauch to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

On motion of Senator Harrington, seconded by Senator Rauch, the Senate adjourns to 
meet tomorrow, Wednesday, February 27, at 1:30 P.M. 



February 26, 1985 



1985] SENATE JOURNAL 53 

SEVENTEENTH DAY 

Senate Chamber, 
Wednesday, February 27, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Charles Cook, Weldon Methodist Church, Weldon, 
as follows: 

"Our Father and our God, You have given us glimpses of Your Kingdom where 
perfection reigns, yet You have placed us in a very imperfect world where perfect 
solutions to difficult problems seem to elude us. Give grace, Lord, to these Legislators, 
that they may be gentle on themselves and on each other when they must settle for 
solutions that are less than perfect. Help them to know that compromise is not a four- 
letter word. Equip them with that sweet spirit which will enable them to smile at each 
other as brothers and sisters once the heat of debate has cooled. And when this imperfect 
day is over, give every one of them the blazing assurance, in spite of all the half- victories 
and outright defeats that Your rock-solid love as firmly holds them as it did the day they 
were born, and as firmly as it will hold them the day they die. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Thomas of Craven for today and to 
Senator Marvin for today through Friday, February 27, 28, and March 1, to attend a 
Children's Defense Fund Conference. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 28, an act to clarify the priority of claims in delinquency proceedings against 
insurers. (Ch. 10) 

H. B. 89, an act to authorize the study commission to examine alternatives for increas- 
ing pubUc awareness of the importance of agriculture, forestry, and seafood in North 
Carolina to report to the General Assembly by April 15, 1985. (Ch. 11) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: 

H. B. 25, a bill to recodify Article 7A of Chapter 65 of the General Statutes as Article 
13B of Chapter 90, with a favorable report. 



February 27, 1985 



54 SENATE JOURNAL [Session 

By Senator Guy for the State Government Committee: 

S. B. 38, a bill to change the ehgible adoption age for children under the scholarships for 
children of war veterans program, with a favorable report. 
On motion of Senator Guy, the bill is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Johnson of Wake, and Taft: 

S. B. 59, a bill to amend the statutes relating to the election of councilors to the North 
Carohna State Bar in order to provide for uniform rules and terms of office. 
Referred to Judiciary II Committee. 

By Senators Staton, Ezzell, and Taft: 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law. 
Referred to Judiciary II Committee. 

By Senator Barnes: 

S. B. 61, a bill to provide funds for the Greene County Adult Developmental Activity 
Program. 

Referred to Appropriations Committee. 

By Senators Winner and Rand: 

S. B. 62, a bill to make the parole consequences of all life sentences the same. 
Referred to Judiciary IV Committee. 

By Senators Martin of Guilford, Conder, Goldston, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Rand, Sawyer, Staton, Swain, Thomas of Henderson, Ward, 
and Woodard: 

S. B. 63, a bill providing for alternate means of dispute resolution. 
Referred to Judiciary II Committee. 

By Senators Hunt of Moore, Ballenger, Barnes, Basnight, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Jordan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, McDuffie, 
Plyler, Rand, Ranch, Redman, Royall, Sawyer, Shaw, Simpson, Speed, Staton, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, 
and Woodard: 

S. J. R. 64, a joint resolution designating the week of March 10 through 16 as "Employ 
the Older Worker Week" and to honor the memory of people throughout history who 
accomplished great things late in life. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rauch: 



February 27, 1985 



1985] SENATE JOURNAL 55 

S. B. 65, a bill to change the effective date of the life care center certificate of need 
modification law. 
Referred to Human Resources Committee. 

By Senators Rauch, Harris, and Marvin: 

S. B. 66, a bill to appropriate funds for a Regional Emergency Services Occupational 
Training Center at Gaston College. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 51, a bill to update the reference to the Internal Revenue Code used in determin- 
ing certain taxable income and tax exemptions. 
Referred to Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 36, a bill to require draft registration of certain military dependents for scholar- 
ship and in-state tuition purposes, upon third reading. 

Senator Rauch offers a motion that the bill be re-referred to a committee by the 
President of the Senate, which motion fails to prevail (electronically recorded). 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 42, a bill to authorize coordinators to complete limited driving privilege forms for 
indigents. 

On motion of Senator Thomas of Henderson, Committee Amendment No. 1 is adopted. 

Senator Soles offers Amendment No. 2 which fails of adoption (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) reading. 

On objection of Senator Thomas of Henderson to its third reading, the bill, as amended, 
remains on the Calendar for further consideration, upon third reading. 

On motion of Senator Harrington, duly seconded, the Senate adjourns to meet tomor- 
row, Thursday, February 28, at 11:30 A.M. 



EIGHTEENTH DAY 



Senate Chamber, 
Thursday, February 28, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 



February 28, 1985 



56 SENATE JOURNAL [Session 

"0 Lord, our Heavenly Father, Who from Thy throne doest behold all the civic, social, 
governmental, and religious affairs of Thy children in every land, we pray Thy special 
blessing this day upon those who dwell in the land of the long-leaf pine. 

"Be with the Governor, the Lieutenant Governor, the Members of the General Assem- 
bly, our judges, all our public servants in North Carolina, and all the citizens of our fair 
State— 

"That we may see ourselves as accountable unto You; 

"That we may appreciate the checks and balances provided by our executive, legisla- 
tive, and judicial branches of government; 

"That we may hsten attentively to the views of those whose opinions or convictions may 
differ from our own; 

"That we may promote a cooperative rather than a combative spirit among all public 
officials; _ 

"That we may seek the good of all, and not just the good of our own county, district, or 
poUtical party; 

"That we may work with members of both parties in developing a State budget which 
will demonstrate fiscal responsibility, and yet will effectively provide for the well-being of 
the children, youth, and adults of our State; and 

"That we may strive for the enactment of laws which will provide hberty and justice for 
all our citizens. 

"All this we ask in the Name of Him Who said through His prophet Amos, 'Let justice 
flow down like waters, and righteousness like an everflowing stream.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Kincaid for Friday, March L A leave 
of absence granted previously to Senator Marvin is noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Parnell, Guy, Harris, and Rauch: 

S. B. 67, a bill to permit local boards of education to elect to pay their employees through 
local payroll systems instead of through the centralized payroll system. 
Referred to Education Committee. 

By Senators Winner, Barnes, Conder, Harris, Hunt of Moore, Johnson of Wake, Martin 
of Guilford, Marvin, Rauch, Soles, Speed, Taft, Tally, Thomas of Henderson, and Ward: 

S. B. 68, a bill to govern the estabhshment, maintenance, and implementation of a 
comprehensive basic education program. 



February 28, 1985 



1985] SENATE JOURNAL 57 

Referred to Education Committee. 

By Senator Sawyer: 

S. B. 69, a bill to provide that costs for unassigned small claims cases shall be the same 
as for assigned small claims cases. 
Referred to Judiciary I Committee. 

By Senators Staton, Ezzell, Hardison, Harrington, Harris, Johnson of Wake, Parnell, 
Plyler, Rand, Rauch, Redman, Royall, Taft, Thomas of Henderson, Walker, and Wood- 
ard: 

S. B. 70, a bill relating to State contributions to county veterans service programs. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 42, a bill to authorize coordinators to complete limited driving privilege forms for 
indigents, as amended, upon third reading. 

Senator Thomas of Henderson offers Amendment No. 3 which is adopted (electronically 
recorded), changing the title to read, S. B. 42, a bill to authorize coordinators and clerks to 
complete limited driving privilege forms for indigents. 

Senator Rand requests a fiscal note, pursuant to Rule 42. 1. Further consideration of the 
bill, as amended, is postponed until Tuesday, March 5, upon receipt of a fiscal note. 

H. B. 25, a bill to recodify Article 7A of Chapter 65 of the General Statutes as Article 
13B of Chapter 90. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. J. R. 4 House of Representatives 

February 28, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to S. J. R. 4, A JOINT RESOLUTION INFORMING HIS EXCELLENCY, 
GOVERNOR JAMES G. MARTIN, THAT THE GENERAL ASSEMBLY IS ORGA- 
NIZED AND READY TO PROCEED WITH PUBLIC BUSINESS AND INVITING 
THE GOVERNOR TO ADDRESS A JOINT SESSION OF THE SENATE AND 
HOUSE OF REPRESENTATIVES AT 12 O'CLOCK NOON ON THURSDAY, FEB- 
RUARY 28, 1985, the House of Representatives stands ready to receive the Senate in 
Joint Session at the hour appointed. 

Respectfully, 

S/ Grace A. Collins _ 

' Principal Clerk 



February 28, 1985 



58 SENATE JOURNAL [Session 

The President orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate stands ready to repair to the Hall of the House, there 
to sit in Joint Session with that Honorable Body for the purpose of receiving the Gov- 
ernor's message, pursuant to S. J. R. 4, a joint resolution informing His Excellency, 
Governor James G. Martin, that the General Assembly is organized and ready to proceed 
with public business and inviting the Governor to address a Joint Session of the Senate and 
House of Representatives at 12 o'clock Noon on Thursday, February 28, 1985. 

On motion of Senator Barnes, seconded by Senator Soles, the Senate recesses to meet in 
Joint Session with the House of Representatives for the purpose of receiving the Gov- 
ernor's message, and upon his further motion, upon dissolution of the Joint Session to 
stand adjourned to meet tomorrow, Friday, March 1, at 9:30 A.M. 

Pursuant to the motion of Senator Barnes, the Senate, preceded by its officers, repairs 
to the Hall of the House, there to sit in Joint Session with that Honorable Body for the 
purpose of receiving the Governor's message. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Courtesies of the gallery are extended to Mrs. James G. Martin, wife of Governor Martin, 
and to Mrs. Robert B. Jordan III, wife of Lieutenant Governor Jordan, by the Honorable 
Liston B. Ramsey, Speaker of the House of Representatives. 

The Joint Session is called to order by Lieutenant Governor Robert B. Jordan III. 

The President recognizes the Sergeant-at-Arms of the House of Representatives who 
announces the presence of His Excellency, Governor James G. Martin. Senator Harring- 
ton and the Committee appointed by the President of the Senate and the Speaker of the 
House of Representatives escort the Governor to the Well of the House. The President of 
the Senate presents Governor Martin, who delivers the State-of-the-State address. 
(Pursuant to S. J. R. 4, the text of the address appears in the Appendix.) 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the motion 
heretofore made, the Senate adjourns to meet tomorrow, Friday, March 1, at 9:30 A.M. 



NINETEENTH DAY 



Senate Chamber, 
Friday, March 1, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Steve Compton, Saint Francis United Methodist 
Church, Cary, as follows: 

"0 Blessed God, from the rising of the sun to its setting over this great State, Your 



March 1, 1985 



1985] SENATE JOURNAL 59 

name is to be praised. You are high above all of this land and Your glory above the 
heavens. We give thanks to You, God, for You are good and Your steadfast love lasts 
forever. Praise be the name of the Lord, our God. 

"0 God, we confess our shortcomings, our failures in judgment and action, and our 
unfaithfulness to our calling to be righteous citizens of Your Kingdom. Forgive us and 
restore within us right hearts and by Your Grace have patience with us as we strive ever 
so slowly toward Your perfection. 

"We commend to You this State, its leaders, and its people, its many races, its rich, its 
poor, its young and its old. Build in this State not only a prosperity of riches but a 
prosperity of spirit and give its people health, joy, safety, and peace. Raise up the poor 
and the deprived from the dust of poverty; lift up the needy, the distressed, the forgotten 
from their misery, and make places for them to sit with the princes of Your people. Inspire 
our citizens to compassion for those who suffer from loneliness, neglect, and indignity. Put 
within us hearts of charity and equity for all of our neighbors. 

"We pray, Blessed God, for those men and women who are entrusted with offices of 
leadership in this State. We pray for our Governor, the Honorable James G. Martin, for 
our Lieutenant Governor, the Honorable Robert B. Jordan HI, and all who sit as 
members of this Legislative Body. Direct them in their way and give them wisdom and 
courage to make judgments that are always fair and forever in the best interest of our 
citizens. Give to these servants of Yours and of this State a clear vision of a society ruled 
by principles of truth and justice. Provide through these leaders a sound government and 
just laws ensuring to our people the abolition of inequality and the promise of a full and 
satisfying existence in this State. 

"0 God, You could not have given to any of Your people a more beautiful land than the 
one we possess, nor a land more generous with it resources. We give praise and thanksgiv- 
ing to Your name for Your generosity. And to the honor of Your holy name we pray. 
Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Staton and McDuffie for today, to 
Senator Kaplan for Monday through Friday, March 4-8, and to Senator Goldston for 
March 8. Senator Soles requests to be recorded present. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 25, an act to recodify Article 7A of Chapter 65 of the General Statutes as Article 
13B of Chapter 90. (Ch. 12) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



March 1, 1985 



60 ' SENATE JOURNAL [Session 

By Senator Hipps: 

S. B. 71, a bill to redefine delinquent and undisciplined juveniles by increasing the age 
from sixteen years to less than eighteen years. 
Referred to Judiciary I Committee. 

By Senators Rand, Barnes, Ezzell, Hipps, Hunt of Durham, Johnson of Wake, Kaplan, 
Martin of Guilford, Plyler, Royall, Soles, Staton, Swain, Taft, Tally, Walker, Warren, 
Watt, Winner, and Woodard: 

S. B. 72, a bill to provide for assistant counsel to represent indigents in capital cases. 
Referred to Judiciary IV Committee. 

By Senators Hardison and Smith: , , 

S. B. 73, a bill to create the Motor Fuel Marketing Act in order to protect North 
Carolina's consumers against major oil company monopolies, and to encourage fair and 
honest competition and to safeguard the public against unfair practices involving the sale 
of motor fuel in wholesale and retail trades. 

Referred to Commerce Committee. 

By Senators Hardison, Guy, Hunt of Moore, Martin of Pitt, Parnell, Price, Smith, 
Soles, Speed, Swain, Tally, Thomas of Craven, Thomas of Henderson, Warren, and 
Woodard: 

S. B. 74, a bill to provide a refundable income tax credit for the 1985 marketing 
assessments on North Carolina tobacco producers under the no net cost tobacco program. 
Referred to Agriculture Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 80, a bill to allow the Davie County Board of Education to dispose of certain 
property by private sale. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 120, a bill to allow the Town of Farmville to sell property at private sale, and to 
repeal obsolete sections of the Town Charter. 

Referred to Local Government and Regional Affairs Committee. 

On motion of Senator Harrington, seconded by Senator Warren, the Senate adjourns to 
meet Monday, March 4, at 8:00 P.M. 



TWENTIETH DAY 



Senate Chamber, 
Monday, March 4, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



March 4, 1985 



1985] SENATE JOURNAL 61 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the Family, we thank Thee for the time of fellowship and renewal that we had 
this past week-end in our family circle and in the household of faith. 

"0 God of Integrity, we pray for Thy guidance and strength, that we might be true to 
the sacred trust which has been given to us as elected public officials. 

"Dear Lord, You see through our pretense and recognize the games which we some- 
times play with ourselves. We talk about the good of all, but work for the good of our own 
party. We talk about the needs of the people, but often make the decision which we think is 
to our own best interest. Be patient with us; pardon us for our sins against Thee and one 
another; deliver us from playing games with one another; and help us to be men and 
women of integrity. 

"0 God of Tolerance, as we deal with the formation of a state budget, proposals for tax 
cuts, the question of state funding for abortion, and many other thorny issues, help us to 
be tolerant with one another. Give us the courage to stand up for our own personal 
convictions, but deliver us from personal attacks on individuals who may be on the 
opposite side of any given issue. Give us the wisdom and the grace to debate the issues 
with zeal, but save us from the temptation to attack the integrity of individuals who may 
have strong, but opposite convictions from our own. 

"0 God of Understanding, as we begin to deal with substantive issues in the General 
Assembly, grant that understanding, tolerance, integrity, patience, and good sportsman- 
ship may prevail in this Chamber, in the House, and between the executive and legislative 
branches of our State Government. 

"All this we ask in the Name of God, our Father, Who desires that we live and work 
together in a cooperative spirit as members of His family. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

Leaves of absence granted previously to Senators Kaplan and Goldston are noted. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Simpson: 

S. B. 75, a bill to prohibit hunting from the rights-of-way of public roads in Burke 
County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Simpson, Kincaid, and Smith: 

S. B. 76, a bill to prohibit soliciting campaign contributions from State employees at 
their workplace. 

Referred to State Government Committee. 

By Senators Simpson and Kincaid: 



March 4, 1985 



62 SENATE JOURNAL [Session 

S. B. 77, a bill to extend the Personnel Act to employees employed by the State for two 
or niore years. 
Referred to State Government Committee. 

By Senators Winner, Barnes, and Rauch: 

S. B. 78, a bill to reduce the fee rate for administration of estates. 
Referred to Finance Committee. 

By Senator Royall: 

S. B. 79, a bill to amend the Constitution of North Carolina to provide that future 
Governors and Lieutenant Governors may not succeed themselves, and to make a con- 
forming change to the General Statutes. 

Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 154, a bill to allow Craven County to convey to the New Bern-Craven County 
Chamber of Commerce, Inc., certain improvements at private sale. 
Referred to Local Government and Regional Affairs Committee. 

The President recognizes the following pages serving in the Senate this week: Cheryl 
Dawn Adams, Boone; Robert Yancy Covington, Garner; Larry Creech, Raleigh; Anna 
Craddock Daughtry, Princeton; Sarah Miles Dean, Laurinburg; Denise Colene Forbes, 
Raleigh; Stephen B. Gardner, Mebane; Adalynn Elyssa Harris, Greensboro; DeAnna 
Hurley, Denton; Melanie Kay Kirk, Wendell; Jasper Edwin Locklear, Raleigh; Christ- 
opher H. Martin, Raleigh; Juhe Ellen Mendenhall, Garner; James Russell Pittman, Jr., 
Hickory; John V. Purrington, Raleigh; Gregory King Saulter, Raleigh; Michelle Smith, 
Kitty Hawk; Lara Stewart Stout, Raleigh; Tonia L. Taylor, Wilmington; Maria Towe, 
Gary; and Cabell DuPre Townsend, Durham. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Senate 
adjourns to meet tomorrow, Tuesday, March 5 at 1:30 P.M. 



TWENTY-FIRST DAY 



Senate Chamber, 
Tuesday, March 5, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Leon Smith, First Baptist Church, Goldsboro, as follows: 

"Our Father and our God, we thank Thee for this day. We thank You for the privilege of 
being a part of Your world and knowing Thee. 



March 5, 1985 



1985] SENATE JOURNAL 63 

"Remember, Lord, this, our State, and this, our Nation. We thank You for those that 
have been elected to serve us. Grant that as they pursue the goals for which we have 
elected them that they will sense Thy presence and Thy leadership. 

"Father, we pray that You would be with them and give them the strength of their 
convictions and singleness of mind and purpose. Encourage them, we pray, when tempta- 
tion comes to compromise principles and do the expedient thing, to remember the longer 
view and the common good. We thank You for their wilUngness to serve; for the counties, 
the hamlets, the communities, the cities from which they have come. Grant them Thy 
peace and Thy grace; them and their families, that together we may build a greater State, 
always aware of Your love and grace. In Jesus Christ, we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Kaplan is noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

H. B. 154, a bill to allow Craven County to convey to the New Bern-Craven County 
Chamber of Commerce, Inc., certain improvements at private sale, with a favorable 
report. 

On motion of Senator Thomas of Craven, the rules are suspended (electronically 
recorded) and the bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 79, a bill to revise and consolidate the Charter of the Town of Kenly and to repeal 
prior local acts, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

H. B. 27, a bill to provide penalties for removal of "separate" property during sepa- 
ration when an equitable distribution will be or is requested, with a favorable report, as 
amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Harris, Guy, Hardison, Martin of Guilford, Marvin, McDuffie, Redman, 
Royall, Simpson, Walker, Ward, and Wright: 

S. B. 80, a bill to assure continuity of care for individuals with mental retardation. 
Referred to Human Resources Committee. 



March 5, 1985 



64 SENATE JOURNAL [Session 

By Senator Barnes: 

S. B. 81, a bill to appropriate funds for a Wayne County headquarters for the Division of 
Forest Services, Department of Natural Resources and Community Development. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Harrington, and Kincaid: 

S. B. 82, a bill to create a commission to study the General Statutes of North Carolina 
pertaining to the regulation of insurance. 
Referred to Insurance Committee. 

By Senators Johnson of Wake, Harrington, and Kincaid: 

S. B. 83, a bill to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance. 
Referred to Insurance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 42, a bill to authorize coordinators and clerks to complete limited driving privilege 
forms for indigents, as amended, upon third reading. 

The Chair directs the Reading Clerk to read the fiscal note. 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

RECALL FROM COMMITTEE 

S. B. 70, a bill relating to State contributions to county veterans service programs. 
Without objection, the Chair orders the bill taken from the Appropriations Com- 
mittee, and re-referred to the State Government Committee. 

On motion of Senator Harrington, seconded by Senator Warren, the Senate adjourns to 
meet tomorrow, Wednesday, March 6, at 1:30 P.M. 



TWENTY-SECOND DAY 



Senate Chamber, 
Wednesday, March 6, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Reverend Paul Phillips, First United Methodist Church, 
Mt. Gilead, as follows: 

"The middle of the week has arrived, Lord, and there are so many loose ends. What 
was begun earlier seems so far from completion. And day after tomorrow is another 
Friday. 



March 6, 1985 



1985] SENATE JOURNAL 65 

"Help us, Lord, in the midst of our vitality, frustrations, and hopes to rely upon Your 
presence, Your power and Your peace. 

"Only so, can we approach the Herculean goals undertaken for the common good. Only 
so shall we remain steadfastly clear-minded in the often hectic. Only so shall we renew our 
strength to lead the causes that benefit the citizens of this State. 

"It's the halfway point of the week. Lord. Be the transfusion for our aims and ambitions, 
worthy of Your trust and deserving of the people's. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Wright for today; to Senator Taft for 
tomorrow, March 7; and to Senator Johnson of Wake for tomorrow and Friday, March 7 
and March 8. 

The President extends courtesies of the gallery to Eugene "Gene" Simmons, former 
Reading Clerk of the Senate. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 154, an act to allow Craven County to convey to the New Bern-Craven County 
Chamber of Commerce, Inc., certain improvements at private sale. (Ch. 13) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

S. B. 43, a bill to authorize the expenditure of private gifts for a new dormitory and 
infirmary at the North Carohna School of Science and Mathematics, with a favorable 
report. 

H. B. 129, a bill to appropriate additional funds to the Department of Natural Resources 
and Community Development and to the Department of Justice, with a favorable report. 

By Senator Staton for the Judiciary II Committee: 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law, with a favorable report. 

S. B. 59, a bill to amend the statutes relating to the election of councilors to the North 
Carolina State Bar in order to provide for uniform rules and terms of office, with a 
favorable report, as amended. 

By Senator Guy for the State Government Committee: 



March 6, 1985 



66 SENATE JOURNAL [Session 

S. B. 70, a bill relating to State contributions to county veterans service programs, with 
a favorable report. 
On motion of Senator Guy, the bill is recommitted to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hardison, Guy, Harris, and Royall: 

S. B. 84, a bill to extend and restructure the Mental Health Study Commission. 
Referred to Human Resources Committee. 

By Senators Smith, Royall, and Somers: 

S. B. 85, a bill to incorporate the Town of Willow Creek in Davidson County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Winner, Hunt of Moore, Johnson of Wake, Rauch, Royall, Taft, Walker, 
and Woodard: 

S. B. 86, a bill to establish a trust fund for the endowment of chairs at the constituent 
institutions of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senator Sawyer: 

S. B. 87, a bill to provide for attorney's fees in foreclosure proceedings. 
Referred to Judiciary I Committee. 

RECALL FROM COMMITTEE 

S. J. R. 64, a joint resolution designating the week of March 10 through 16 as "Employ 
the Older Worker Week" and to honor the memory of people throughout history who 
accomplished great things late in life. 

On motion of Senator Hunt of Moore, the rules are suspended (electronically recorded) 
and the joint resolution is taken from the Rules and Operation of the Senate Committee 
and is placed before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 88, a bill to amend the Constitution of North Carolina to provide that future 
Governors and Lieutenant Governors may not succeed themselves, and to make a con- 
forming change to the General Statutes. 

Referred to Judiciary IV Committee. 



March 6, 1985 



1985] SENATE JOURNAL 67 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 79, a bill to revise and consolidate the Charter of the Town of Kenly and to repeal 
prior local acts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kincaid, Martin of Guilford, Martin of 
Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, 
Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 27, a bill to provide penalties for removal of "separate" property during separa- 
tion when an equitable distribution will be or is requested. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings (electronically recorded) and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

On motion of Senator Harrington, seconded by Senator Price, the Senate adjourns to 
meet tomorrow, Thursday, March 7, at 1:30 P.M. 



TWENTY-THIRD DAY 



Senate Chamber, 
Thursday, March 7, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend W. Allen Wentz, Jr., Trinity United Methodist 
Church, Raleigh, as follows: 

"Eternal God, Our Father, Creator of all things. Giver of every good and perfect gift, by 
Your love You have made us and by Your love You sustain and keep us and in Your divine 
love You would direct us to nobler efforts and deeds. 

"Hear us, God, as we seek Your blessings upon the men and women of this, our North 
Carolina Senate and their dehberative decisions. 

"We acknowledge at the outset our shortcomings, our weaknesses, our selfishness, our 
smugness and our pride. Forgive us when and wherever we have come short of Your will 
for us and the people of our State. 

"Dehver us, God, from intolerance, injustice, dishonesty, distrust, disharmony and 
any distress that may plague us. Enable us by Your Spirit to be true and committed 
representatives of the people that sent us here. 



March 7, 1985 



68 ' SENATE JOURNAL [Session 

"Gracious God, open our eyes to see and perceive the varied needs of our State; open our 
ears to hear and understand the thorny issues that confront us. Open our minds for a clean, 
clear and free debate, open our hearts in a compassionate concern for people and needs, 
than open our mouths to speak and use our hands and feet to be about the business that is 
our responsibility throughout this day. 

"We pray, God, for any Senators here who may have very special needs — deliver 
them from any hurt, anxiety, stress or loss and assure them now of Your heaUng love and 
peaceful presence. ' - 

"Again, God, may Your will be done through the work of Your people here and may 
Your program be approved above party and personality, beyond time and circumstance 
for the good of our State. We pray all of this in the Name of our everliving, and everloving 
God. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Hardison and Simpson for tomor- 
row, March 8, and to Senator Winner for March 8 through 15, to represent the North 
Carolina General Assembly at the National Conference of the Judiciary. Leaves of 
absence granted previously to Senators Kaplan, Johnson of Wake, and Taft are noted. 

The President grants courtesies of the floor to Robert L. Slaughter, former Represen- 
tative from Stanly County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Hipps for the Children and Youth Committee: 

S. B. 18, a bill to establish the North Carolina Center for Missing and Exploited 
Children, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Hipps, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, March 11. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 41, a bill to amend Chapter 636 of the 1981 Session Laws relative to military 
service retirement purchase, with a favorable report, as amended. 

On motion of Senator Marvin, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on her further motion. Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 



March 7, 1985 



1985] SENATE JOURNAL 69 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries, with a favorable report. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 57, a bill to clarify the treatment of unspecified sentences that are required by 
statute to run consecutively with any other sentence, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton and Thomas of Craven: 

S. B. 88, a bill to establish a Water Well and Pump Contractors' Licensing Board. 
Referred to State Government Committee. 

By Senators Kincaid and Wright: 

S. B. 89, a bill to provide for use of the social security number as the driver's license 
number. 

Referred to Transportation Committee. 

By Senator Basnight: 

S. B. 90, a bill to authorize Dare County to levy an excise tax on instruments conveying 
real property in Dare County. 
Referred to Finance Committee. 

LETTER FROM SUPERINTENDENT OF PUBLIC INSTRUCTION 

The President directs the Reading Clerk to read a letter from the Honorable A. Craig 
Phillips, Superintendent of PubHc Instruction, as follows: 

State of North Carolina 

Superintendent of Public Instruction 

Raleigh 27611 

February 28, 1985 

Lt. Governor Robert B. Jordan, III 
North Carohna General Assembly 
Legislative Office Building 
Raleigh, N.C. 27611 

Dear Governor Jordan: 

The new Carl D. Perkins Vocational Education Act requires that a copy of the State 
Plan for Vocational Education be furnished to the State Legislature. A copy of the State 
Plan is being provided to you and Speaker Ramsey. 

The State Plan projects the services, activities, and fiscal commitment for secondary 
and postsecondary vocational/technical education for FY 1986-1987-1988. 



March 7, 1985 



70 SENATE JOURNAL [Session 

The Act provides the State Legislature sixty (60) days to review and comment on the 
Plan prior to May 1; the date the Plan is due in the office of the US Secretary of Education. 
We would be very appreciative if the State Legislature would provide a reaction to the 
Plan within thirty (30) days of receipt of same. This will provide staff adequate time to 
address any concerns expressed by the State Legislature. 

Meeting the May 1 deadline for submitting the Plan to the US Secretary of Education, 
as set forth in the Act, is imperative for the State to receive the grant award and facilitate 
the orderly administration of vocational education in North Carolina. 

The State Legislature's consideration of this request is appreciated. Any questions or 
concerns regarding the State Plan for Vocational Education or the Carl D. Perkins 
Vocational Education Act should be directed to Dr. Clifton B. Belcher, secondary educa- 
tion and Dr. Edward H. Wilson, Jr., postsecondary education. 

Sincerely, 

S/ A. Craig Phillips 
State Superintendent 
of Public Instruction 

Referred to Education Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 79, a bill to revise and consolidate the Charter of the Town of Kenly and to repeal 
prior local acts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Craven, Walker, Ward, Warren, Watt, Winner, 
Woodard and Wright — 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 43, a bill to authorize the expenditure of private gifts for a new dormitory and 
infirmary at the North Carolina School of Science and Mathematics. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 59, a bill to amend the statutes relating to the election of councilors to the North 
Carolina State Bar in order to provide for uniform rules and terms of office. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

On motion of Senator Rand, consideration of the bill, as amended, is postponed until 
Tuesday, March 12. 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law. 
On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, March 12. 



March 7, 1985 



1985] SENATE JOURNAL 71 

H. B. 129, a bill to appropriate additional funds to the Department of Natural Resources 
and Community Development and to the Department of Justice. 

The Chair orders the Reading Clerk to read a letter from the Governor (see Appendix). 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Thomas of Henderson, the 
Senate adjourns to meet tomorrow, Friday, March 8, at 10:00 A.M. 



TWENTY-FOURTH DAY 



Senate Chamber, 
Friday, March 8, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Glenda Johnson, A vent Ferry United Methodist 
Church, Raleigh, as follows: 

"Eternal God, we seek once again to become aware of Your presence and to ask for Your 
guidance as we begin this day in the Senate. Thank You for these men and women who 
have chosen and who have been chosen to serve the people of North Carolina in this 
capacity; thank You for their strong commitment and dedication to their tasks. 

"Grant to them wisdom and discernment in their decision-making; give to them a clear 
sense of consciousness of the far-reaching effects of decisions they make. As a people we 
are more interdependent than we care to admit; keep us constantly in touch with the 
realities of all that we do which affects the lives of others. 

"Help us to rise above self-interest and selfishness and enable us to work toward that 
which we believe to be the highest good for all persons in our State, our Nation, and our 
world. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Cobb, Goldston, McDuffie, Rand, 
and Speed for today. Leaves of absence granted previously to Senators Hardison, Kaplan, 
Winner, Simpson, and Johnson of Wake are noted. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 79, an act to revise and consolidate the Charter of the Town of Kenly and to repeal 
prior local acts. (Ch 14) 



March 8, 1985 



72 SENATE JOURNAL [Session 

H. B. 129, an act to appropriate additional funds to the Department of Natural 
Resources and Community Development and to the Department of Justice. (Ch. 15) 

S. J. R. 64, a joint resolution designating the week of March 10 through 16 as "Employ 
the Older Worker Week" and to honor the memory of people throughout history who 
accompHshed great things late in Hfe. (Res. 3) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Guy: 

S. B. 91, a bill to restore the authority of Onslow County to regulate subdivision of land 
into parcels between one and ten acres. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Smith: 

S. B. 92, a bill to abohsh the Office of Coroner in Rowan County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Conder, Goldston, Hardison, Parnell, Rand, Redman, Smith, and 
Speed: 

S. B. 93, a bill to provide a fuel tax refund to vehicles that dehver feed to poultr'y and 
livestock for the amount of fuel consumed by the vehicle in unloading the feed. 
Referred to Finance Committee. 

By Senators Plyler and Conder: 

S. B. 94, a bill to allow the Monroe City Board of Education to pay its ten-month 
employees on or before the sixteenth of each month. 
Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 6, a bill to remove the reporting requirements for estates of less than one hundred 
thousand dollars in value. 

Referred to Finance Committee. 

H. B. 8, a bill to eliminate double taxation of income in respect of a decedent. 
Referred to Finance Committee. 

H. B. 109, a bill to allow an officer charged with serving a summary ejectment summons 
to determine whether to telephone the defendant before attempting personal delivery of 
the summons. 

Referred to Judiciary I Committee. 

H. B. 119, a bill to repeal the partial gasoline and special fuels tax exemption for alcohol 
fuels. 



March 8, 1985 



1985] SENATE JOURNAL 73 

Referred to Finance Committee. 

H. B. 156, a bill to allow an increase in the compensation for members of sanitary 
district boards. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 192, a bill to provide staggered four-year terms on the Asheville City Board of 
Education. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Thomas of Henderson to its third reading, the bill remains on 
the Calendar for further consideration upon third reading. 

S. B. 57, a bill to clarify the treatment of unspecified sentences that are required by 
statute to run consecutively with any other sentence. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

AWARDS 

Senator Rauch rises to a point of personal privilege and speaks to the awards presented 
by the North Carolina Psychological Association and the North Carolina School Psycholo- 
gy Association on Thursday evening, March 7, and upon his motion the acknowledgement 
of the awards is spread upon the Journal as follows: 

To Lieutenant Governor Robert B. Jordan HI 

DISTINGUISHED SERVICE AWARD for outstanding contributions to the educa- 
tional and mental health needs of the citizens of North CaroUna. 

To Senator Ollie Harris and Senator Russell Walker 
AWARD OF APPRECIATION AND RECOGNITION for outstanding contribu- 
tions to mental health and psychology in North Carolina. 

On motion of Senator Harrington, seconded by Senator Conder, the Senate adjourns to 
meet Monday, March 11, at 8:00 P.M. 



TWENTY-FIFTH DAY 



Senate Chamber, 
Monday, March 11, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



March 11, 1985 



74 SENATE JOURNAL [Session 

Prayer is offered by the Reverend E, Powell Osteen, Jr., Highland United Methodist 
Church, Raleigh, as follows: 

"Almighty God, Lord of all worlds and Lover of all peoples: 

"We pray for the nations and societies of this world. Convert all destructive powers, 
crush every tyranny, correct each injustice, and reconcile to Your will every conflicting 
interest, that in freedom everyone may enjoy the good world You have made. 

"Lord God, Bearer of the world's pain, compassionate to those who suffer, we commit to 
You all persons in need and offer ourselves to serve them, that they may know an end to 
needless pain and new meaning for the suffering that must be borne. 

"Lord God, Your governing hand is upon all the world. Have mercy upon this Nation 
and State that Your ruling power may be recognized and obeyed. Grant to all in pubUc 
office the humility to see themselves as Your servants, that they may act responsibly 
toward all peoples. 

"We pray particularly for our Governor, our Lieutenant Governor, and all those here 
who represent our beloved State. May Your Holy Spirit and wisdom be upon them, guide 
them, and keep them safe. 

"We pray all this in the Name of the Lord who seeks us out and redeems us as a gift of 
love. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Johnson of Wake for today. A leave 
of absence granted previously to Senator Winner is noted. 

Courtesies of the floor are extended to Vernon White, former Senator from Pitt 
County. ^ 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Rauch, Harris, and Wright: 

S. B. 95, a bill to permit left turns on red in certain situations. 
Referred to Transportation Committee. 

By Senators Royall and Smith: 

S. B. 96, a bill to provide that the North Carolina Center for Missing and Exploited 
Children shall provide every child in North Carolina with a personal identification packet. 
Referred to Children and Youth Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 11, 1985 



1985] SENATE JOURNAL 75 

H. B. 137, a bill to prohibit hunting from the rights-of-way of public roads in Rocking- 
ham County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 145, a bill to repeal local legislation prohibiting the taking of female deer in certain 
Townships of Martin County. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 152, a bill to prohibit the taking of game from certain public roads and highways in 
Currituck County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 153, a bill to regulate hunting on the lands of another in Tyrrell County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 179, a bill to revise and consolidate the Charter of the Town of Columbus. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 208, a bill to authorize Harnett County to dispose of property by private sale in 
connection with a lease-purchase arrangement for construction of a law enforcement 
center. 

On motion of Senator Staton, the rules are suspended (electronically recorded), and the 
bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries, upon third reading. 

Senator Marvin moves that the vote by which the bill passes its second reading be 
reconsidered, which motion prevails (electronically recorded). 

On her further motion, the bill is taken from the Calendar for tonight and is recommit- 
ted to the Pensions and Retirement Committee. 

S. B. 18 (Committee Substitute), a bill to estabhsh the North Carolina Center for 
Missing and Exploited Children. 

Senator Hipps offers Amendment No. 1 which is adopted (electronically recorded), 
changing the title to read, S. B. 18 (Committee Substitute), a bill to estabhsh the North 
Carolina Center for Missing Children. 

Senator Redman offers Amendment No. 2 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

On objection of Senator Swain to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for further consideration upon third reading. 

The President recognizes the following pages serving in the Senate this week: Mehssa 
Leah Baily, Charlotte; Barbara Joyce Baxter, Lincolnton; Lee Anne Brown, Hickory; 
Lori Ellen Bryant, Fayetteville; Rebecca J. Colby, Graham; Meredith Ann Eagle, 
Greensboro; Babetta Elaine Fleming, Morganton; Lucy Griffin, Gastonia; Susan E. 



March 11. 1985 



76 SENATE JOURNAL [Session 

Hewett, Greenville; Sarah Lynn Lineberger, Ellerbe; Diana Leigh Lutz, Goldsboro; 
Rhonda Lytle, Fairview; Mary Beth McGuirt, Charlotte; KeU E. Myers, Brevard; Anne 
Margaret Pender, Four Oaks; Carol Samuelson, Clemmons; Darlene Carol Smith, San- 
ford; Lauren Elise Swafford, Greensboro; and Anne-Marie Turnier, Chapel Hill. 

On motion of Senator Harrington, seconded by Senator Barnes, the Senate adjourns to 
meet tomorrow, Tuesday, March 12, at 1:30 P.M. 



TWENTYSIXTH DAY 



Senate Chamber, 
. Tuesday, March 12, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"Almighty God, we thank Thee that Thou dost call each of us by name, giving to us a 
sacred calling which fits our talents, and which allows us to be in ministry in those places 
where we live, work, and play. 

"Make each of us — as pastors and politicians, as clergy and laity, as men and women — 
sensitive to Your still small voice. And when You call, saying, 'Whom shall we send, and 
who will go for us?' — grant that each of us, like Isaiah of old might respond, 'Here am I, 
Lord, send me.' 

"We thank Thee for pastors, priests, and rabbis who witness each week to Your love, in 
word and deed; but we thank Thee also for all those doctors, nurses, teachers, social 
workers, counselors, public officials, and others who see their occupation as a calling, and 
their place of employment as a mission field. 

"Help us — chaplains, Senators, clerks, and employees — we pray Thee, to see the 
special opportunity which is ours to be priests and ministers in the General Assembly. 
May we, like the priests, use our arena of action, as a place to intercede for the concerns of 
children, youth, and adults; and may we, Uke true shepherds of the flock, minister daily to 
the needs of the abandoned, the lost, the wounded, the heavy-ladened, and the bereaved. 

"As members of this Chamber, we have a special vocation, like unto that of Moses, 
Deborah, Jeremiah, Amos, Saul, David, and Solomon. Help us to take seriously this 
calling; and grant that we may use our public office as a means for becoming real priests 
and ministers to all the citizens of this State. 

"All this we ask in the Name of Him Who said, 'You shall be called priests of the Lord, 
(and) men shall speak of you as ministers of our God.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 



March 12, 1985 



1985] SENATE JOURNAL 77 

The President grants a leave of absence to Senator Watt for today to represent a client 
in court. A leave of absence granted previously to Senator Winner is noted. 

Courtesies of the floor are extended to Miss Holly Mayo, North Carolina Azalea 
Festival Miss Teenage Princess, who is allowed to approach the Well of the Senate where 
she briefly addresses the membership. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 208, an act to authorize Harnett County to dispose of property by private sale in 
connection with a lease-purchase arrangement for construction of a law enforcement 
center. (Ch. 16) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Harrington offers a motion that the rules be suspended to allow the introduc- 
tion of the following Senate resolution honoring a former member, which motion prevails 
by a two-thirds majority vote. 

By Senators Hardison, Ballenger, Barnes, Cobb, Ezzell, Guy, Harrington, Harris, 
Johnson of Wake, Jordan, Kaplan, Marvin, McDuffie, Parnell, Plyler, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
and Woodard: 

S. R. 97, a Senate resolution honoring the life and work of Ralph Henderson Scott, Sr, , 
and designating March 19, 1985, as Ralph Scott Day in the North CaroUna Senate. 
Referred to Rules and Operation of the Senate Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 124, a bill to make domestic violence remedies appUcable to children. 
Referred to Children and Youth Committee. 

y CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 18 (Committee Substitute), a bill to establish the North Carolina Center for 
Missing Children, as amended, upon third reading. 

Senator Swain offers Amendment No. 3 which fails of adoption (electronically re- 
corded). The Committee Substitute bill, as amended, passes its third reading (electroni- 
cally recorded) and is ordered engrossed and sent to the House of Representatives. 



March 12, 1985 



78 SENATE JOURNAL [Session 

S. B. 59, a bill to amend the statutes relating to the election of councilors to the North 
Carolina State Bar in order to provide for uniform rules and terms of office, as amended. 

On motion of Senator Staton, the bill, as amended, is recommitted to the Judiciary II 
Committee. 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law. 
On motion of Senator Staton, the bill is recommitted to the Judiciary II Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezell for the Local Government and Regional Affairs Committee: 

H. B. 59, a bill to aboUsh the office of constable in the Town of Dublin and bring the 
Town under the general law relating to appointment of poHce, with a favorable report. 

H. B. 80, a bill to allow the Davie County Board of Education to dispose of certain 
property by private sale, with a favorable report. 

H. B. 120, a bill to allow the Town of Farmville to sell property at private sale, and to 
repeal obsolete sections of the Town Charter, with a favorable report. 

H. B. 192, a bill to provide staggered four-year terms on the Asheville City Board of 
Education, with a favorable report. 

S. B. 94, a bill to allow the Monroe City Board of Education to pay its ten-month 
employees on or before the sixteenth of each month, with a favorable report. 

S. B. 92, a bill to aboUsh the Office of Coroner in Rowan County, with a favorable 
report. 

S. B. 91, a bill to restore the authority of Onslow County to regulate subdivision of land 
into parcels between one and ten acres, with a favorable report. 

On motion of Senator Harrington, seconded by Senator Hunt of Moore, the Senate 
adjourns to meet tomorrow, Wednesday, March 13, at 2:00 P.M. 



TWENTY-SEVENTH DAY 



Senate Chamber, 
Wednesday, March 13, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend David K. Huddle, Saint John's Lutheran Church, 
Salisbury, as follows: 



March 13, 1985 



1985] SENATE JOURNAL 79 

"Eternal God, Creator and Source of all life, we pause in the busyness of our lives to give 
thanks for the abundant blessings which You bestow upon us — most especially are we 
grateful for the freedom which is ours in this great democracy. 

"We pray for all who serve in positions of authority and leadership; especially the 
President, the Congress, the Governor, and all members of our General Assembly. 
Endow them with wisdom and strength to serve faithfully so that all may enjoy the fruits 
of liberty, justice, and peace in our land. 

"On this Wednesday, we find ourselves in the middle of the week, and we are reminded 
that we, too, are often caught in the middle of issues. Pressured from all sides to make 
wise and prudent decisions, we now ask Your guidance and direction upon the work which 
we seek to do. May all that is accomphshed, be done in keeping with Your will, for the 
welfare and benefit of the people whom we serve, and for the strengthening of our State 
and Nation. 

"These prayers we raise to Your name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Watt for a pre-scheduled court 
appearance and to Senator Wright due to illness for today; to Senator Hipps for Wednes- 
day through Friday, March 13, 14, and 15, to attend a meeting of the Southeastern 
Network of Runaway Youth and Family Services, Inc.; and to Senator Marvin for 
Thursday and Friday, March 14, and 15. 

A leave of absence granted previously to Senator Winner is noted. 

The President grants courtesies of the floor to W. Craig Lawing, former Senator from 
Mecklenburg County and former President Pro Tempore of the Senate. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: 

S. B. 80, a bill to assure continuity of care for individuals with mental retardation, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Harris, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, March 14. 

S. B. 84, a bill to extend and restructure the Mental Health Study Commission, with a 
favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



March 13, 1985 



80 SENATE JOURNAL [Session 

By Senators Rand, Barnes, Basnight, Conder, Goldston, Guy, Hardison, Hipps, Hunt 
of Durham, Kaplan, Kincaid, Martin of Pitt, Marvin, Parnell, Plyler, Price, Redman, 
Royall, Soles, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Warren, Woodard, and Wright: 

S. B. 98, a bill to provide free registration plates to persons awarded the Congressional 
Medal of Honor who are residents of North Carolina. 
Referred to Transportation Committee. 

By Senators Rand, Barnes, Basnight, Conder, Goldston, Guy, Hardison, Harrington, 
Hipps, Hunt of Durham, Kaplan, Kincaid, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Redman, Royall, Soles, Staton, Swain, Taft, Tally, Thoms of Craven, Thomas of Hender- 
son, Walker, Warren, Woodard, and Wright: 

S. B. 99, a bill to permit disabled veterans to park in handicapped spaces. 
Referred to Transportation Committee. 

By Senators Tally, Barnes, Basnight, Hardison, Marvin, Rand, Royall, Swain, Thomas 
of Craven, Thomas of Henderaon, and Ward: 

S. B. 100, a bill to appoint persons to the North Carolina Hazardous Waste Treatment 
Commission upon the recommendation of the President of the Senate. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Hardison: 

S. B. 101, a bill to amend Article 12 of Chapter 54B relating to deposit guaranty 
associations. 
Referred to Commerce Committee. 

By Senator Simpson: 

S. B. 102, a bill to provide for one level of review of a State employee's grievance within 
the employee's department. 

Referred to State Government Committee. 

By Senators Woodard, Barnes, Conder, Ezzell, Guy, Harrington, Harris, Hunt of 
Moore, Johnson of Wake, Marvin, Rand, Redman, Shaw, Smith, Soles, Speed, Tally, 
Thomas of Craven, Walker, Ward, Warren, and Wright: 

S. B. 103, a bill to exempt all property passing to a surviving spouse from inheritance 
tax and to reduce the Class A inheritance credit to adjust for the removal of the surviving 
spouse from this class. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 81 (Committee Substitute), a bill to reenact the North Carolina child passenger 
restraint law. 
Referred to Transportation Committee. 



March 13, 1985 



1985] SENATE JOURNAL 81 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 91, a bill to restore the authority of Onslow County to regulate subdivision of land 
into 'parcels between one and ten acres. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 92, a bill to abolish the Office of Coroner in Rowan County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 94, a bill to allow the Monroe City Board of Education to pay its ten-month 
employees on or before the sixteenth of each month. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 59, a bill to aboHsh the office of constable in the Town of Dubhn and bring the 
TowTi under the general law relating to appointment of poHce. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 80, a bill to allow the Davie County Board of Education to dispose of certain 
property by private sale. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 120, a bill to allow the Towm of Farmville to sell property at private sale, and to 
repeal obsolete sections of the To\mi Charter. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 192, a bill to provide staggered four-year terms on the Asheville City Board of 
Education. 
The bill passes its second and third readings and is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Thomas of Craven, the Senate 
adjourns to meet tomorrow, Thursday, March 14, at 1:30 P.M. 



TWENTY-EIGHTH DAY 



Senate Chamber, 
Thursday, March 14, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Norman Jo^mer, Bethel Baptist Church, Bethel, a 
former Senator from Iredell County, as follows: 

Our President gave me permission to make one observation. Yesterday, the attention 
of the world pretty much was focused upon affairs in Moscow, where at the funeral of their 
leader that had passed away and burial yesterday, and at the installation of his successor, 



March 14, 1985 



82 SENATE JOURNAL [Session 

there was neither a reference to God nor to prayer, nor a hymn. So, I think this is a very 
stark contrast to that which we do today, as we humble ourselves and pray together. May 
we pray. 

"Thou Great Jehovah God, the Lord God Almighty, in Whom we live and move and have 
our being; we thank You for our land and its freedom, that it is, and we ever pray that it 
might be, one nation under God. 

"We are thankful that as we come to Thee, God, with our very special needs. Thy 
mercies are new every morning, and help us to remember in places of leadership and 
responsibiUty the words of Thy servant in ancient times, *I am Uke a child. I know not how 
to go out or come in,' and that we, too, might pray for wisdom and understanding from 
above. Help us to remember, too, the attitude of the psalmist: 'Blessed is the nation whose 
God is the Lord.' 

"And now, Father, we thank You that Thou has called us, that Thou has placed us in 
service and in places of responsibihty, with duties to Thee, God, and to mankind about 
us, and so we pray for each of us that we might be vessels that are chosen; that we might be 
instruments of healing and peace for the people throughout the length and breadth of 
North Carolina. Guide today in the deliberations and bless each of us with our family 
needs, and we seek Thy blessings, our God, that in our Uves and in our work, the Kingdom 
of Heaven might come, and this we pray for the honor and glory of Thy Great and Holy 
Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Watt for a pre-scheduled court 
appearance for today and to Senator Jordan for today and for tomorrow, March 15. Leaves 
of absence granted previously to Senators Winner, Hipps, and Marvin are noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 59, an act to abohsh the office of constable in the Town of DubUn and bring the 
Town under the general law relating to appointment of poUce. (Ch.l7) 

H. B. 80, an act to allow the Davie County Board of Education to dispose of certain 
property by private sale. (Ch. 18) 

H. B. 120, an act to allow the Town of Farmville to sell property at private sale, and to 
repeal obsolete sections of the Town Charter. (Ch. 19) 

H. B. 192, an act to provide staggered four-year terms on the Asheville City Board of 
Educaiton. (Ch. 20) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 



March 14, 1985 



1985] SENATE JOURNAL 83 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

S. B. 100, a bill to appoint persons to the North Carolina Hazardous Waste Treatment 
Commission upon the recommendation of the President of the Senate, with a favorable 
report. 

By Senator Staton for the Judiciary II Committee: 

S. B. 56, a bill to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission, with a favorable report, as amended. 

H. B. 67, a bill to give the surviving cotenant of a lock box access to life insurance 
policies stored in the box, with a favorable report, as amended. 

By Senator Hardison for the Commerce Committee: 

S. B. 50, a bill to modify special budgetary provisions contained in Chapter 1034 of the 
1983 Session Laws which relate to interest income on N. C. Housing Finance Agency bond 
reserve appropriations, with a favorable report. 

On motion of Senator Hardison, the bill is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Marvin: 

S. B. 104, a bill to permit a member of the Teachers' and State Employees' Retirement 
System to purchase certain creditable service rendered as a pubhc health officer. 
Referred to Pensions and Retirement Committee. 

By Senators Warren, Barnes, Basnight, Conder, Goldston, Guy, Harrington, Hunt of 
Durham, Hunt of Moore, Jordan, Martin of Pitt, Martin of Guilford, Parnell, Plyler, Price, 
Rand, Rauch, Speed, Thomas of Craven, Thomas of Henderson, Walker, and Woodard: 

S. B. 105, a bill to amend Chapter 20 to grandfather truck weight limitations for 
packaged fertilizer and agriculture lime. 
Referred to Transportation Committee. 

By Senator Simpson: 

S. B. 106, a bill to authorize appeal of Personnel Commission decisions awarding 
attorney fees in grievance proceedings. 
Referred to Judiciary II Committee. 

By Senators Royall, Ezzell, and Staton: 

S. B. 107, a bill to repeal the inheritance tax, and to redefine the estate tax. 
Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 14, 1985 



84 SENATE JOURNAL [Session 

H. B. 116, a bill to exempt municipalities that buy electric power from a federal agency 
and make payments in lieu of taxes from the sales tax on utihty services. 
Referred to Finance Committee. 

H. B. 150, a bill to regulate the filing of copies of plats, etc., in Brunswick County. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 80 (Committee Substitute), a bill to assure continuity of care for individuals with 
mental retardation. 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Harris to its third reading, the Committee Substitute bill 
remains on the Calendar for tomorrow, March 15, upon third reading. 

S. B. 84, a bill to extend and restructure the Mental Health Study Commission. 
The bill passes its second and third readings (electronically recorded) and is ordered 
sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Somers, the Senate adjourns to 
meet tomorrow, Friday, March 15, at 10:00 A.M. 



TWENTY-NINTH DAY 



Senate Chamber, 
Friday, March 15, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Hope Morgan- Ward, Broadway United Methodist 
Church, Broadway, as follows: 

"God our Parent, You have made us one, gathered from all the peoples of the earth. 
Creator God, You design for us to live in harmony with each other and all creation. 
Forgive our discords, and make us a people of compassion. Confirm in us a love of liberty 
and justice for all. 

"Open our hearts to the needs of our world, and broaden our vision for the possibilities of 
reconciliation, mercy, and community. 

"You have given us much; help us to remember that You expect much of us. Use us, we 
pray, to bring shalom — peace — in our time. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 



March 15, 1985 



1985] SENATE JOURNAL 85 

The President grants leaves of absence to Senators Johnson of Wake, Kaplan, and 
McDuffie for today; and to Senator Guy for today and Monday, March 18, and to Senator 
Watt due to a pre-scheduled court appearance today. Leaves of absence granted pre- 
viously to Senators Hipps, Winner, Marvin, and Jordan are noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. R. 8, a Senate resolution adopting the permanent Rules of the Senate for the 1985 
Session of the General Assembly of North Carolina, with an unfavorable report as to 
Senate resolution, but favorable as to Committee Substitute Senate resolution. 

On motion of Senator Harrington, the Committee Substitute Senate resolution is placed 
on the Calendar for Monday, March 18, for adoption. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The follovdng bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Smith and Somers: 

S. B. 108, a bill to allow Rowan County ordinances regulating waste disposal to apply 
countywide, and to authorize Rowan County to enter into long term contracts for disposal 
of soUd waste. 

Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 76, a bill to require vehicle headlights to be illuminated from sunset to sunrise. 
Referred to Transportation Committee. 

H. B. 172, a bill relating to the Forsyth County Tourism Development Authority. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 184, a bill to authorize the City of Raleigh to perform certain activities not 
currently allowed by its Charter or State statute. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 191, a bill to appoint persons to various pubUc offices upon the recommendation of 
the Speaker of the House of Representatives. 

Referred to Rules and Operation of the Senate Committee. 

H. B. 203, a bill to amend the Charter of the Town of Clarkton. 
Referred to Local Government and Regional Affairs Committee. 



March 15, 1985 



86 SENATE JOURNAL [Session 

H. B. 230, a bill to exempt temporarily the General Assembly from State purchase and 
contract procedures for the purpose of acquiring computer equipment, supplies, and 
services. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and i-esolutions on the Calendar are taken up and disposed of as follows: 

S. B. 80 (Committee Substitute), a bill to assure continuity of care for individuals with 
mental retardation, upon third reading. 

The Committee Substitute bill passes its third .-eading (electronically recorded) and is 
ordered sent to the House of Representatives. 

S. B. 56, a bill to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission. 

On motion of Senator Staton, Committee Amendments No. 1 and No. 2 are adopted. 

The bill, as amended, passes its second and third readings (electronically recorded) and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 100, a bill to appoint persons to the North Carolina Hazardous Waste Treatment 
Commission upon the recommendation of the President of the Senate. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 67, a bill to give the surviving cotenant of a lock box access to life insurance 
policies stored in the box. 

Senator Staton offers a motion that Committee Amendment No. 1 be adopted. 

On motion of Senator Martin of Guilford, the bill with Committee Amendment No. 1 
pending is recommitted to the Judiciary II Committee (electronically recorded). 

On motion of Senator Harrington, seconded by Senator Price, the Senate adjourns to 
meet Monday, March 18, at 8:00 P.M. 



THIRTIETH DAY 



Senate Chamber, 
Monday, March 18, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Carl Frazier, Jr. , Trinity United Methodist Church, 
Durham, as follows: 

"Holy God, who has taught us that Thy will for Thy people is justice, mercy, and 
peace — receive this prayer we offer on behalf of those to whom authority and power have 
been given, the members of the General Assembly of this State. We give Thee thanks and 
praise for their devotion to service — a service which demands much, including frequent 



March 18, 1985 



1985] SENATE JOURNAL 87 

separation from family and friends, from leisure and livelihood. As we seek Thy guidance 
for their vocation in this place, we pray that Thou would grant them wisdom that their 
decisions may be just; compassion that their deliberations may be tempered with mercy; 
and, courage that in all things they may strive for that fullness of life for all people which is 
Thy peace. We lift this prayer to Thee, Sovereign God, to Whom belong all glory and 
honor, power and might, now and forever. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Johnson of Cabarrus for tonight 
through Wednesday, March 18, 19, and 20. Senator Guy is noted present. 

The President grants courtesies of the floor to Thomas Sawyer, former member of the 
House of Representatives, from Guilford County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. R. 97, a Senate resolution honoring the life and work of Ralph Henderson Scott, Sr. , 
and designating March 19, 1985, as Ralph Scott Day in the North Carolina Senate, with a 
recommendation for adoption. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Thomas of Craven: 

S. B. 109, a bill to provide a sixth ward for the City of New Bern, and to provide that the 
mayor counts toward a quorum and towards the number of votes necessary to pass an 
ordinance. 

Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 193, a bill to make certain changes in the membership of the Juvenile Law Study 
Commission. 
Referred to Judiciary I Committee. 

H. B. 202, a bill to provide that in certain circumstances vacancies in the Board of 
Education of Watauga County be filled only until the next general election. 
Referred to Local Government and Regional Affairs Committee. 



March 18, 1985 



88 SENATE JOURNAL [Session 

H. B. 209, a bill to repeal the law creating the "City-County Radio and Identification 
Bureau Commission" in Buncombe County. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. R. 8 (Committee Substitute), a Senate Resolution adopting the permanent Rules of 
the Senate for the 1985 Session of the General Assembly of North Carolina. 

On motion of Senator Harrington, consideration of the Committee Substitute Senate 
resolution is postponed until Tuesday, March 19. 

The President recognizes the following pages serving in the Senate this week: Alan 
Adcock, Monroe; Anna "Christy" Calhson, Forest City; Martha Cannon, Raleigh; 
Michelle Ann Charlesworth, Raleigh; Ann Elizabeth Denning, Jacksonville; Mary Kristin 
Doster, Charlotte; Leigh Ann Garner, Lexington; James C. Gaston, Jr., Charlotte; Carol 
Kristen Heartz, Raleigh; Burke Koonce, Raleigh; Suzanne Pamela Margohes, Gastonia; 
Brandon McDevitt, Asheville; Laura Kathleen Smith, Raleigh; Jacquelyn Terrell, 
Raleigh; Jason Scott Triplett, Troutman; and Connie K. Zaytoun, Raleigh. 

On motion of Senator Harrington, seconded by Senator Ballenger, the Senate adjourns 
to meet tomorrow, Tuesday, March 19, at 1:30 P.M. 



THIRTY-FIRST DAY 



Senate Chamber, 
Tuesday, March 19, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Dennis P. Levin, Holland United Methodist Church, 
Raleigh, as follows: 

"0 God, we thank Thee for Senator Ralph Scott, whom we honor this day, and for his 
long and faithful service in this Senate and to the State. 

"0 God of peace, help us to order our society so that people of many backgrounds will 
live at peace with one another. 

"0 God of justice, help us to protect the innocent and bind their wounds, to stand firm 
against those who are a law unto themselves. Remind us that we are responsible for the 
things that we condone. 

"0 God of rich blessings, teach us responsibilities with the resources you entrust to our 
care. Help us to be mindful of Your love for those least able to care for themselves and to 
address their needs with generosity and fairness. 

"0 God of love, remind us that no program or law is more important than the spirit in 
which it is conceived and carried out. May the ladies and gentlemen of this Body be noble 



March 19, 1985 



1985] SENATE JOURNAL 89 

and gracious so that the laws they enact will reflect care and consideration and maintain 
the respect of the people of this great State. 

"These things we pray in Thy Holy Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Johnson of Cabarrus is noted. 

Senator Swain offers a motion that the rules be suspended and requests permission to 
relinquish his seat to former Senator Ralph Henderson Scott who previously occupied the 
seat, which motion prevails. The President appoints Senator Swain to escort former 
Senator Scott to the seat. 

The President grants courtesies of the floor to Henderson Scott, Robert W. Scott, 
former Governor, and to other members of the Scott family. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

H. B. 84, a bill clarifying the Health Maintenance Organization Act, with an unfavor- 
able report as to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Senate 
Committee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate Committee Substitute bill is 
adopted, and on his further motion is placed on the Calendar for tomorrow, March 20. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 23, a bill to expand the juvenile law definition of caretaker, with a favorable 
report. 

On motion of Senator Barnes, the bill is re-referred to the Children and Youth 
Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Harris, Marvin, and Rauch: 

S. B. 110, a bill to appropriate funds for equipment for the Cleveland County Adult 
Developmental Activities Program. 
Referred to Appropriations Committee. 

By Senator Harris: 



March 19, 1985 



90 SENATE JOURNAL [Session 

S. B. Ill, a bill to appropriate funds for PUSH, Inc., as a grant-in-aid to a private 
child-caring institution. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 112, a bill abolishing the advisory board of the North Carolina School of the Arts. 
Referred to State Government Committee. 

By Senators Woodard, Hunt of Moore, Johnson of Wake, Staton, and Walker: 

S. B. 113, a bill to provide retirement benefits to permanent part-time employees in the 
Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. R. 8 (Committee Substitute), a Senate Resolution adopting the permanent Rules of 
the Senate for the 1985 Session of the General Assembly of North CaroUna, for adoption. 

On motion of Senator Harrington, the Committee Substitute Senate resolution is 
adopted. The text of this resolution is as follows: 

PERMANENT RULES OF THE 1985 SENATE 
GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1-7 

n. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59 - 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its committees. — 

The following rules shall govern and control all actions and procedures of the Senate and 
its committees. 

RULE 2. Convening hour. — The President shall take the Chair at the hour fixed by 
the Senate upon adjournment on the preceding legislative day, and shall call the members 
to order. In case the Senate adjourned on the preceding legislative day without having 
fixed the hour of reconvening, the Senate shall reconvene on the next legislative day at 
1:30 P.M. 

RULE 3. Opening the session. — The President shall, upon order being obtained, 
have the sessions of the Senate opened with prayer. 

RULE 4. Convening in absence of President. — In the absence of the President, the 
President Pro Tempore shall reconvene the Senate and preside, and during such time 
shall be vested with all powers of the President except that of casting a vote in case of tie 



March 19, 1985 



1985] SENATE JOURNAL 91 

when he has already voted on the question as a Senator. In the event of the absence of the 
President and President Pro Tempore at any time fixed for the reconvening of the Senate, 
the Majority Leader of the Senate, the Principal Clerk of the Senate, or in his or her 
absence also, some member of the Senate Committee on Rules and Operation of the 
Senate, shall call the Senate to order and designate some member to act as President. 

RULE 5. Quorum, — (a) A quorum consists of a majority of all the qualified members 
of the Senate. 

(b) When a lesser number than a quorum convene, the Senators present may send the 
doorkeeper or any person, for any or all absent Senators, as a majority of the Senators 
present determine. 

RULE 6. Approval of JournaL — After the prayer, and upon appearance of a quorum, 
the President shall cause the Journal of the preceding day to be read and approved, unless 
the Chairman of the Committee on Rules and Operation of the Senate or some member of 
the Senate by motion sustained by a majority of the members present, has the reading 
thereof dispensed with and the same approved as written. 

RULE 7. Order of business. — After approval of the Journal, the order of business 
shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order. Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 

(ii) Second reading roll call and electronic voting system votes 

(iii) Second reading viva voce 

(iv) Third reading viva voce. 

II. Conduct of Debate 

RULE 8. President to maintain order. — The President shall have general direction 
of the Hall of the Senate and shall be authorized to take such action as is necessary to 
maintain order, and in case of any disturbance or disorderly conduct in the galleries or 
lobbies, he shall have the power to order those areas cleared. 

RULE 9. Substitution for President. — The President shall have the right to call on 
any member to perform the duties of the Chair, but substitution shall not extend beyond 
one day. 

RULE 10. Points of order. — (a) The President shall preserve order and decorum and 
proceed with the business of the Senate according to the rules adopted. He shall decide all 



March 19, 1985 



92 SENATE JOURNAL [Session 

questions of order, subject to an appeal to the Senate by any member, on which appeal no 
member shall speak more than once unless by leave of the Senate. A two-thirds vote of the 
membership of the Senate is necessary to sustain any appeal from the ruling of the Chair. 

(b) In the event the Senate Rules do not provide for, or cover any point of order raised 
by any Senator, the rules of the United States House of Representatives shall govern. 

(c) When a Senator is called to order he shall take his seat until the President determines 
whether he was in order or not; if decided to be out of order, he shall not proceed without 
the permission of the Senate; and every question of order shall be decided by the 
President, subject to an appeal to the Senate by any Senator; and if a Senator is called to 
order for words spoken, the words excepted to shall be immediately taken down in 
writing, that the President or Senate may be better able to judge the matter. 

RULE 11. Debating and voting by Lieutenant Governor. — The Lieutenant Gov- 
ernor, as President of the Senate, being a Constitutional Officer shall not have the right to 
debate any question or to address the Senate upon any proposition unless by permission of 
the majority of members present, and shall have the right to vote only when there is a tie 
vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak in debate 
or deliver any matter to the Senate, he shall rise from his seat and respectfully address the 
President. No member shall speak further until recognized by the President, and when 
two or more members rise at the same time, the President shall name the member to 
speak. 

(b) A Senator who has the floor may yield the floor to another Senator only for the 
purpose of allowing another Senator to state a question. Only the Chair may award the 
floor to any Senator for the purposes of allowing that Senator to engage in general debate. 

(c) A Senator who has obtained the floor may be interrupted only for the following 
reasons: 

1. a request that the member speaking yield for a question, 

2. a point of order, or 

3. a parliamentary inquiry. 

RULE 13. Recognition for extending courtesies. — (a) Courtesies of the floor and 
galleries shall be extended only by the President on his own motion or upon the written 
request of a member of the Senate to former members of the General Assembly or to 
distinguished visitors. 

(b) Members may designate Honorary Pages by a statement delivered to the Principal 
Clerk who will have a certificate issued therefor. 

(c) The President may upon written request at intervals between various orders of 
business extend courtesies to schools or other special large groups visiting in the galleries 
while they are present, and the President shall, at such times as he deems appropriate, 
express to those visitors in the galleries the pleasure of the Senate for their presence. 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak on the 
same day more than twice on the main question, nor longer than thirty minutes for the 
first speech and fifteen minutes for the second speech. No Senator shall speak on the same 
day more than once on an amendment or a motion to reconsider, commit, appeal or 
postpone, and then no longer than ten minutes. 

(b) By permission of the President any member of the Senate may address the Senate 
from the well of the Senate for the purpose of explaining a bill or of giving an invocation. 



March 19, 1985 



1985] SENATE JOURNAL 93 

RULE 15. Priority of business. — All questions relating to priority of business shall 
be decided without debate. 

RULE 16. Reading of papers. — When the reading of a paper, other than a petition, is 
called for, and any Senator objects to the reading, the question shall be determined by the 
Senate without debate. 

RULE 17. General decorum. — (a) Male Senators and male visitors shall uncover 
their heads upon entering the Senate Chamber while the Senate is in session and shall 
continue uncovered during their continuance in the Chamber, unless one's religion re- 
quires his head to be covered. 

(b) No remark reflecting personally upon the action of any. Senator shall be in order upon 
the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the President is putting a question, or a division by counting is in progress, no 
Senator shall walk out of or across the Chamber, nor when a Senator is speaking, pass 
between him and the President. 

(d) When a motion to adjourn or for recess is affirmatively determined, no member or 
officer shall leave his place until adjournment or recess is declared by the President. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or organiza- 
tion shall be in order upon the floor of the Senate, unless the remark has some relevance to 
a bill or resolution before the body. No article of any kind soliciting business or donations 
may be placed by any person anywhere in the Senate Chamber or in any Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on the floor 
or in the galleries; however, after the Senate has remained in session for a period of two 
hours, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be acceptable 
while the Senate is in session. 

in. Motions 

RULE 18. Motions generally. — All motions shall be reduced to writing, if desired by 
the President or a Senator, delivered at the table, and read by the President or Reading 
Clerk before the same are debated; but any motion may be withdrawn by the introducer at 
any time before decision or amendment. No motion relating to a bill shall be in order which 
does not identify the bill by its number and short title. Except as otherwise specifically 
provided in these rules, no second is required. 

RULE 19. Motions; order of precedence. — When a question is before the Senate no 
motion shall be received except those herein specified, which motions shall have pre- 
cedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

(9) To substitute. 



March 19, 1985 



94 SENATE JOURNAL [Session 

RULE 20. Motions requiring a second. — The motions to adjourn, to lay on the table, 
and to call for the previous question, shall be seconded and decided without debate, and 
the motion to adjourn shall always be in order when made by a Senator entitled to the 
floor. 

RULE 2L Motions to postpone to certain day and to commit. — The respective 
motions to postpone to a certain day, or to commit to a standing or select committee, shall 
preclude debate on the main question. 

RULE 22. (Reserved for future use). 

RULE 23. Motion for previous question. — The previous question shall be as follows: 
"Shall the main question be now put?" and until it is decided shall preclude all amendments 
and debate. If this question is decided in the affirmative, the "main question" shall be on 
the passage of the bill, resolution, or other matter under consideration; but when amend- 
ments are pending, the question shall be taken upon such amendments in their inverse 
order, without further debate or amendment: Provided, that no one shall move the 
previous question except the chairman of the committee submitting the report on the bill 
or other matter under consideration, or the member introducing the bill or other matter 
under consideration, or the member in charge of the measure, who shall be designated by 
the chairman of the committee reporting the same to the Senate at the time the bill or 
other matter under consideration is reported to the Senate or taken up for consideration. 

RULE 24. Motion to reconsider. — When a question has been once put and decided, 
any Senator who voted in the majority may move to reconsideration thereof; but no 
motion for the reconsideration of any vote shall be in order after the bill, resolution, 
message, report, amendment, or motion upon which the vote was taken has gone out of 
the possession of the Senate; nor shall any motion for reconsideration be in order unless 
made on the same day or in the next following legislative day on which the vote proposed 
to be reconsidered took place, unless the motion is made by the Committee on Rules and 
Operation of the Senate for verbal or grammatical errors in the bills, when the motion may 
be made at any time: Provided, that when the next legislative day has by motion of the 
Senate, been restricted as to matters which may be considered, a motion to reconsider 
shall be in order on the next succeeding day upon which regular business is conducted. No 
question shall be reconsidered more than once. 

IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following questions 
shall be taken on the electronic voting system, and the ayes and noes shall be recorded on 
the Journal: 

(1) All questions on which the Constitution of North Carolina requires 
that the ayes and noes be taken and recorded on the Journal. 

(2) All questions on which a call for the ayes and noes under Rule 26(b) 
has been sustained. 

(3) Both second and third readings of bills proposing amendment of the 
Constitution of North Carohna. 

(b) Votes on the following questions shall be taken on the electronic voting system, and a 
copy of the machine print-out of the votes shall be filed in the Legislative Library where it 
shall be open to pubhc inspection: 

(1) Second reading of all pubhc bills, all amendments to public bills 
offered after second reading, third reading if a public bill was 



March 19, 1985 



1985] SENATE JOURNAL 95 

amended after second reading, and all conference reports on public 
bills. 
(2) Any other question upon direction of the Chair or upon motion of any 
Senator supported by one-fifth of the Senators present. 

(c) When the electronic voting system is used, the Chair shall fix and announce the time, 
not to exceed one minute, which shall be allowed for voting on the question before the 
Senate. The system shall be set to lock automatically and to record the vote when that 
time has expired. Once the system has locked and recorded a vote, the vote shall be 
printed by the system. 

(d) The voting station at each Senator's desk in the Chamber shall be used only by the 
Senator to which the station is assigned. Under no circumstances shall any other person 
vote at a Senator's station. It is a breach of the ethical obligation of a Senator either to 
request that another vote at the requesting Senator's station, or to vote at another 
Senator's station. The Chair shall enforce this rule without exception. 

(e) When the electronic voting system is used, the Chair shall state the question and 
shall then state substantially the following: "All in favor vote 'aye'; all opposed vote 'no'; 

seconds will be allowed for voting on this question; the Clerk will record the vote." 

After the machine locks and records the vote, the Chair shall announce the vote and 
declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the office of the 
Principal Clerk, and one copy shall be filed in the Legislative Library where it shall be 
open to public inspection. 

(g) When the Chair ascertains that the electronic voting system is inoperative before a 
vote is taken or while a vote is being taken on the electronic system, he shall announce that 
fact to the Senate and any partial electronic system voting record shall be voided. In such a 
case, if the Constitution of North Carolina or the Rules of the Senate require a call of the 
ayes and noes, the Clerk shall call the roll of the Senate, and the ayes and noes shall be 
taken manually and shall be recorded on the Journal. All other votes shall be taken by 
voice vote as prescribed in Senate Rule 26(a). If, after a vote is taken on the electronic 
system, it is discovered that a malfunction caused an error in the electronic system 
print-out, the Chair shall direct the Reading Clerk and the Principal Clerk to verify and 
correct the print-out record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the electronic 
system (the identification codes having no relation to the order of precedence of motions), 
the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 
10. Miscellaneous. 

RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic voting 
system is not used, all votes on which a call of the roll of the Senate is not required shall be 
taken by voice vote. The question shall be put as follows: "Those in favor say 'aye'," and. 



March 19, 1985 



96 SENATE JOURNAL [Session 

after the affirmative vote is expressed, "Opposed 'no' "; after which the Chair shall 
announce the result. If a division on any vote is desired, it must be called for immediately 
before the result of the voting is announced on any question, and upon such call, the Chair 
shall require the members to stand and be counted for and against the proposition under 
consideration. 

(b) The ayes and the noes may be called for on any question before the vote is taken. If a 
Senator desires the ayes and noes recorded on the Journal on a question, he shall address 
the Chair and obtain recognition and say, "Upon that question I call for the ayes and noes." 
Whereupon the Chair shall say, "Is the call sustained?" If one-fifth of the Senators present 
then stand, the vote shall be taken on the electronic voting system if it is operative, and 
the ayes and noes shall be recorded on the Journal. If the electronic voting system is 
inoperative, the roll of the Senate shall be called and the ayes and noes taken manually and 
recorded on the Journal. If fewer than one-fifth of the Senators present stand to sustain 
the call, the Chair shall announce, "An insufficient number up" and a vote by electronic 
voting or by voice, whichever is appropriate under the Rules of the Senate, shall be taken. 

RULE 27. Pairs. — If a Senator is paired with another Senator on a question, the 
Senator shall announce the pair as follows: "Mr. President, I desire to announce a pair. If 

Senator were present, he would vote _; I would vote (the opposite)." The 

Senator shall send forward at that time a written statement of the pair on a form provided 
by the Principal Clerk and neither member of the pair shall vote on the question. A pair 
shall be announced before the vote is taken viva voce, or if the electronic voting system is 
used, before the machine is unlocked. The Clerk shall record the pair on the Journal when 
the Constitution or Rules of the Senate require a call of the roll and shall record on the 
electronic system print-out all pairs announced. 

RULE 28. Dividing question. — If any question contains several distinct proposi- 
tions, it shall be divided by the President, at the request of any Senator, provided each 
subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the bar of the 

Senate when the question is stated by the Chair shall vote thereon unless he is excused by 
the Senate. The bar of the Senate shall include the entire Senate Chamber, 

(b) Any Senator may request to be excused from voting, either immediately before or 
after the vote has been called for and before a viva voce vote result has been announced or 
before the electronic voting system has been unlocked. The Senator may make a brief 
statement of the reasons for making such request, and shall send forward to the Principal 
Clerk, on a form provided by the Clerk, a concise statement of the reason for the request, 
and the Clerk shall include this statement in the Journal. The question on granting of the 
request shall be taken without debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on any bill 
pending by obtaining permission of the President after the final vote is taken: Provided, 
that not more than three minutes shall be consumed in such explanation. 

RULE 30. L Questions of personal privilege. — Upon recognition by the President 
for that purpose, any Senator may speak to a question of personal privilege for a time not 
exceeding three minutes. Personal privilege may not be used to explain a vote, debate a 
bill, or in any way disrupt the regular business of the Senate. The President shall 
determine if the question raised is one of privilege and shall, without the point of order 
being raised, enforce this rule. 



March 19, 1985 



1985] SENATE JOURNAL 97 

V. Committees 

RULE 31. Appointment of committees. — (a) The President of the Senate, unless he 
has by law disqualified himself from that office, shall have the exclusive right and 
authority to appoint all committees, regular or select, and to appoint committee chairmen 
and vice-chairmen, but he may delegate said authority in any instance, as he may choose. 
Upon the recommendation of the Committee on Rules and Operation of the Senate, the 
Senate may authorize, by majority vote of the Senators present and voting, a change in 
the number of standing committees. 

(b) The President of the Senate shall appoint all standing committees at the beginning of 
the session. 

RULE 32. List of standing committees. — The standing committees shall be: 
Agriculture 
Appropriations 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Base Budget 
Children and Youth 
Commerce 
Education 
Election Laws 
Finance 

Higher Education 
Human Resources 
Insurance 
Judiciary I 
Judiciary II 
Judiciary III 
Judiciary IV 

Local Government and Regional Affairs 
Manufacturing and Labor 
Natural and Economic Resources and Wildlife 
Pensions and Retirement 
Rules and Operation of the Senate 
Senior Citizens 
State Government 
Transportation 
Ways and Means 

RULE 33. Notice of committee meetings. — (a) Public notice of all committee meet- 
ings shall be given in the Senate. The required notice may be waived as to any meeting by 
the attendance at that meeting of all of the members of the committee, or by personal 
waiver. 

(b) The chairman of the committee shall notify or cause to be notified the sponsor of each 
bill which is set for hearing or consideration before the committee as to the date, time and 
place of that meeting. 



March 19, 1985 



98 SENATE JOURNAL [Session 

RULE 34. Membership of committees; quorum. — Membership on standing com- 
mittees shall consist of not more than 22 or less than 5 Senators, including the chairman 
and/or co-chairman and vice-chairman who shall be designated by the President; pro- 
vided, the committee membership on the Appropriations Committee, Base Budget Com- 
mittee, Finance Committee, State Government Committee, and Ways and Means Com- 
mittee shall not be limited as to membership but shall be left to the discretion of the 
President. No Senator shall hold membership on more than 12 standing committees, with 
the exception of the President's Coordinator of Committees, unless the Rules and Opera- 
tion of the Senate Committee provides otherwise. A quorum of the Appropriations, Base 
Budget, Finance, State Government, or Ways and Means Committees shall consist of a 
majority of the committee. A quorum of any other committee shall consist of either the 
chairman and five members or a majority of the committee, whichever is fewer, 

RULE 35. Roll Call vote in committee. — No roll call vote may be taken in any 
committee. 

RULE 36. Committee meetings. — No committee or subcommittee shall hold a secret 
meeting, and all meetings of committees and subcommittees shall be open to the public: 
Provided, that any committee or subcommittee has the inherent right to hold an executive 
session when it determines that it is absolutely necessary to have such a session in order to 
prevent personal embarrassment, or when it is in the best interest of the State; and in no 
event shall final action be taken by any committee or subcommittee except in open session. 

RULE 36. L Committee minutes to Legislative Library. — The chairman of a com- 
mittee shall insure that written minutes are compiled for each of the committee's meet- 
ings. The minutes shall indicate the number of members present and the actions taken by 
the committee at the meeting. Not later than 20 days after the adjournment of each 
session of the General Assembly, the chairman, except the chairman of the Appropria- 
tions, Finance, State Government, or Ways and Means Committee, shall dehver the 
minutes to the Legislative Library. The President Pro Tempore of the Senate may grant a 
reasonable extension of time for filing said minutes upon application of the committee 
chairman. 

RULE 37. (Reserved for interim operations rule). 

VL Handling Bills 

RULE 38. Construction of rules. — With the exception of speaking from the Well of 
the Senate, all provisions of these rules applying to bills shall apply also to resolutions, 
memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized by the 
Committee on Rules and Operation of the Senate, bills submitted for introduction shall be 
in a computer-typed form prepared by the Legislative Services Office. When a bill which 
is introduced is not in the prescribed form, the Principal Clerk shall cause the bill to be 
retyped in the prescribed form, and the retyped copy shall become the official copy of the 
bill for all purposes. The original bill shall then be returned to the introducer of the bill and 
shall not become a part of the records or documents of the Senate. 

(b) Whenever a bill is introduced, 20 copies shall be submitted to the Principal Clerk. 
Any bill submitted without the required number of copies shall be immediately returned 
to the introducer. 



March 19, 1985 



1985] SENATE JOURNAL 99 

RULE 39.1. Public and local bills; availability of copies of bills. — A public bill is a 
bill affecting 15 or more counties. A local bill is one affecting fewer than 15 counties. No 
public bill and, upon objection by a member, no local bill may be considered unless copies of 
the bill have been made available to the entire membership of the Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall contain on 
the outside cover the title of the document and the name of the Senator or Senators 
presenting it. Bills shall be deUvered by the primary sponsor of the document or with the 
prescribed authorization form signed by the primary sponsor to the office of the Senate 
Principal Clerk who shall receive them during regular session according to the following 
schedule: 

Monday until 8:30 o'clock P.M.; 

Tuesday, Wednesday, and Thursday until 4:00 o'clock P.M.; 

Friday until 3:00 o'clock P.M. 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall be 
considered introduced when presented to the Senate on the next following legislative day 
for the first reading and reference to committee. 

(b) Filing of bills during the interim shall be under the direction of the Rules and 
Operation of the Senate Committee as approved by the Senate. 

(c) All memorializing, celebration, commendation, and commemoration resolutions, 
except those honoring the memory of deceased persons, shall be excluded from introduc- 
tion and consideration in the Senate. 

RULE 41. Deadline on filing for introduction of bills and resolutions. — All bills 
prepared to be introduced by departments, agencies or institutions of the State must be 
introduced in the Senate not later than April 15 of the session. All local bills must be filed 
for introduction not later than April 15 of the session. All resolutions, except those 
honoring the memory of deceased persons, must be filed for introduction not later than 
April 15 of the session. A two-thirds (2/3) vote of the membership of the Senate shall be 
required to file for introduction any bill or resolution after May 15 of the session. This rule 
shall not apply to a bill or resolution proposing adjournment or a budget, proposing or 
ratifying a constitutional amendment, or calling for a constitutional convention. 

RULE 41.1. Relationship between Ways and Means Committee and other com- 
mittees dealing with money matters; relationship between these other committees 
dealing with money matters. — In those instances specified herein, the Committee on 
Ways and Means shall have responsibihty for final consideration of bills deahng with 
money matters before the bills are considered on the floor of the Senate. Upon the 
agreement of the chairmen or co-chairmen of any two of the following committees: 
Appropriations, Finance, and Ways and Means, any bill reported favorably from the 
Committee on Appropriations or the Committee on Finance shall be re-referred by the 
President to the Committee on Ways and Means for consideration. Bills referred to the 
Committee on Appropriations by the President may be referred by the Chairman of the 
Committee on Appropriations to the Appropriations Committee on Human Resources, 
Appropriations Committee on Education, Appropriations Committee on General Govern- 
ment, Appropriations Committee on Justice and Public Safety, or Appropriations Com- 
mittee on Natural and Economic Resources for a report back to the Committee on 
Appropriations. 

RULE 42. References of appropriations and finance bills. — All bills introduced in 
the Senate providing for appropriations from the State, or any subdivision thereof, shall, 



March 19, 1985 



100 ' SENATE JOURNAL [Session 

before being considered by the Senate, be referred to the Committee on Appropriations, 
and bills referred to other committees carrying any such provisions shall be reported to 
the Senate as being bills to be referred to the Appropriations Committee before proper 
action may be taken by the Senate. All bills introduced in the Senate providing for bond 
issues, levying taxes, or in any manner affecting the taxing power of the State or any 
subdivision thereof, shall, before being considered by the Senate, be referred to the 
Committee on Finance, and bills referred to other committees carrying any such pro- 
visions shall be reported to the Senate as being bills to be referred to the Finance 
Committee before proper action may be taken by the Senate. 

RULE 42.1. Fiscal notes. — (a) The chairman or co-chairmen or vice-chairman of the 
Appropriations Committee, of the Finance Committee or of the Rules Committee, or of 
the Ways and Means Committee, upon the floor of the Senate, may request that a fiscal 
analysis be made of a bill, resolution or an amendment to a bill or resolution which is in the 
possession of the Senate and that a fiscal note be attached to the measure, when in the 
opinion of that chairman or vice-chairman the fiscal effects of that measure are not 
apparent from the language of the measure. 

(b) The fiscal note shall be filed and attached to the bill or amendment within two 
legislative days of the request. If it is impossible to prepare a fiscal note within two 
legislative days, the Director of Fiscal Research shall, in writing, so advise the Presiding 
Officer, the Principal Clerk, and the member introducing or proposing the measure and 
shall indicate the time when the fiscal note will be ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form approved 
by the Rules Committee as to content and form and signed by the staff member or 
members preparing it. If no estimate in dollars is possible, the fiscal note shall indicate the 
reasons that no estimate is provided. The fiscal note shall not comment on the merit but 
may identify technical problems. The Fiscal Research Division shall make the fiscal note 
available to the membership of the Senate. 

(d) A sponsor of a bill or amendment may dehver a copy of his bill or amendment to the 
Fiscal Research Division for the preparation of a fiscal note. The sponsor shall attach the 
fiscal note to the bill when he files the bill or to the amendment when he moves its 
adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who objects to 
the estimates and information provided may reduce to writing his objections. These 
objections shall be appended to the fiscal note attached to the bill or amendment and to the 
copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the current operations appropriations bill 
or the capital improvements appropriations bill. This rule shall not apply to a bill or 
amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any change in 
the law relative to any State-administered retirement or pension system shall have 
attached to it at the time of its consideration by any committee a brief explanatory 
statement or note which shall include a rehable estimate of the financial and actuarial 
effect of the proposed change to that retirement or pension system. The actuarial note 
shall be attached to the jacket of each proposed bill or resolution which is reported 
favorably by any committee, shall be separate therefrom, and shall be clearly designated 
as an actuarial note. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, with his 
request for an actuarial note, to the Fiscal Research Division which shall prepare the 



March 19, 1985 



1985] SENATE JOURNAL 101 

actuarial note as promptly as possible but not later than two weeks after the request is 
made. Actuarial notes shall be prepared in the order of receipt of request and shall be 
transmitted to the sponsor of the measure. The actuarial note of the Fiscal Research 
Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the measure to the 
chief administrative officer of the retirement or pension system affected by the measure. 
The chief administrative officer shall have an actuarial note prepared by the system's 
actuary on the measure and shall transmit the note to the sponsor of the measure not later 
than two weeks after the request is received. The actuarial note shall be attached to the 
jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reUable estimate of both the 
immediate effect and, if determinable, the long range fiscal and actuarial effect of the 
measure. If, after careful investigation, it is determined that no dollar estimate is 
possible, the note shall contain a statement to that effect, setting forth the reasons why no 
dollar estimate can be given. No comment or opinion shall be included in the actuarial note 
with regard to the merits of the measure for which the note is prepared. Technical and 
mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is attached at the 
time of committee consideration, with any amendment of such nature as would sub- 
stantially affect the cost to or the revenues of any retirement or pension system, the 
chairman of the committee reporting the measure shall obtain from the Fiscal Research 
Division an actuarial note of the fiscal and actuarial effect of the proposed amendment. 
The actuarial note shall be attached to the jacket of the measure. An amendment to any 
bill or resolution shall not be in order if the amendment affects the costs to or the revenues 
of a State-administered retirement or pension system, unless the amendment is accom- 
panied by an actuarial note, prepared by the Fiscal Research Division, as to the actuarial 
effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes available to the 
membership of the Senate. 

RULE 42.3. Assessment reports. — Every legislative proposal introduced in the 
Senate proposing the establishment of an occupational or professional licensing board or a 
study for the need to establish such a board shall have attached to the jacket of the original 
bill at the time of its consideration on second or third readings by the Senate or by any 
committee of the Senate prior to a favorable report, an assessment report from the 
Legislative Committee on New Occupational and Professional Licensing Boards, pur- 
suant to Article 18 of Chapter 120 of the General Statutes. The assessment report shall not 
constitute any part of the expression of legislative intent proposed by the formation of a 
licensing board. 

Upon receipt of the request the Legislative Committee on New Occupational and 
Professional Licensing Boards shall prepare and return the assessment report as soon as 
possible but not later than 60 days, reserving the right to extend this time to 90 days. A 
supplementary report shall be prepared and submitted to the requesting Senator not later 
than 30 days after the receipt of the request. 

RULE 43. First reading; reference to committee. — All bills filed, upon presentation 
to the Senate, shall be read in regular order of business by their number and title which 
shall constitute the first reading of the bill and unless otherwise disposed of, the President 
or Presiding Officer shall announce the referral of the document. The title and referral 
shall be entered on the Journal. 



March 19, 1985 



102 SENATE JOURNAL [Session 

RULE 44. Bills to receive three readings. — Every bill shall receive three readings 
previous to being passed, and the President shall give notice at each whether it be the 
first, second, or third. After the first reading, unless a motion is made by some Senator, 
the President shall refer the bill to an appropriate committee. No bill shall be amended 
upon the floor of the Senate until it has been twice read. Senate simple resolutions shall 
not require three readings. 

RULE 44. L Vote required on public bills or resolutions filed after May 15. — No 

public bill or resolution filed in either house, after May 15, shall pass either its second or 
third readings unless voted on affirmatively by two-thirds (2/3) of the membership of the 
Senate. This subsection shall not apply to a bill or resolution proposing adjournment, an 
emergency appropriation, continuance and/or expansion of the State budget, or changes 
in State revenues; proposing or ratifying a constitutional amendment; or calling for a 
constitutional convention. 

RULE 45. Reports of committees. — Every Senator presenting a report of a com- 
mittee shall endorse the report with the name of the committee and, in case of a minority 
report, with the names of the members making the report. The report of the committee 
shall show that a majority of the committee were present and voted. Every report of the 
committee upon a bill or resolution shall stand upon the general orders with the bill or 
resolution. No committee shall report a bill or resolution without prejudice. 

RULE 45.1. Action on amendment before re-referral. — If any committee recom- 
mends adoption of an amendment or committee substitute of a bill which, under the rules 
of the Senate must be referred to the Committee on Appropriations or Committee on 
Finance, the amendment or committee substitute shall be considered and, if adopted, the 
amendment or substitute engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee. — (a) All bills reported unfavorably by 
the committee to which they were referred, and having no minority report, shall lie upon 
the table, but may be taken from the table, and placed upon the calendar by a two-thirds 
vote of the membership of the Senate. 

(b) When a bill is reported by a committee with an unfavorable report, but accompanied 
by a minority report, signed by at least three members of the committee who were present 
and who voted on the bill when the bill was considered in committee, then the minority 
report shall be placed on the calendar and considered the following day, and the question 
before the Senate shall be "The adoption of the Minority Report". If the minority report is 
adopted by a majority vote, the bill shall be placed upon the calendar; if the minority 
report is not adopted, the bill shall lie upon the table. 

RULE 47. Recall of bill from committee. — When a bill has been introduced and 
referred to a committee, if after 10 days the committee has failed to report thereon, then 
the author of the bill may, after three days' public notice given in the Senate and delivered 
in writing to the chairman of the committee, on motion supported by a vote of two-thirds of 
the membership of the Senate, recall the bill from the committee to the floor of the Senate 
for consideration and such action thereon as a majority of the Senators present may direct. 
This rule shall not be temporarily suspended without one day's notice on the motion given 
in the Senate and delivered in writing to the chairman of the committee and to sustain that 
motion two-thirds of the membership of the Senate shall be required. 



March 19, 1985 



1985] SENATE JOURNAL 103 

RULE 48. Calendar; order to be followed. — The President and the Principal Clerk of 
the Senate shall see that all bills are acted upon by the Senate in the order in which they 
stand upon the calendar, unless otherwise ordered as hereinafter provided. The published 
calendar shall include all bills reported favorably from committees, or reported with a 
minority report attached, or placed on the calendar on motion: Provided, that the 
published local calendar may carry the number of each bill, the county or counties referred 
to, and an abbreviated statement of the title of the bill. 

RULE 49. Considering bills out of regular order. — Except as provided in Rule 50, 
any bill or other matter may be taken up out of order upon order of the President or upon 
motion sustained by a majority of the membership of the Senate. 

RULE 50. Third reading requirements. — No bill on its third reading shall be acted 
upon out of the regular order in which it stands on the calendar, and no bill shall be acted 
upon on its third reading the same day on which it passed its second reading, unless so 
ordered by two-thirds of the membership of the Senate. 

RULE 5L Special orders. — Any bill or other matter may be made a special order for a 
particular day or hour by a vote of the majority of the Senators voting, and if action on the 
bill is not completed on that day, it shall be returned to its place on the calendar, unless it is 
made a special order for another day; and when a special order is under consideration it 
shall take precedence over any special order or subsequent order for the day, but such 
subsequent order may be taken up immediately after the previous special order has been 
disposed of. 

RULE 52. Procedure when necessary number of Senators not present. — If, on 

taking the question on a bill, it appears that a constitutional quorum is not present, or if 
the bill requires a vote of a certain proportion of all the Senators to pass it, and it appears 
that such number is not present, the bill shall be again read and the question taken 
thereon; if the bill fails a second time for the want of the necessary number being present 
and voting, the bill shall not be finally lost, but shall be returned to the calendar in its 
proper order. 

RULE 53. Effect of defeated bill. — (a) After a bill has been tabled, or has failed to 
pass on any of its readings, the contents of such bill or the principal provisions of its subject 
matter shall not be embodied in any other measure. Upon the point of order being raised 
and sustained by the Chair, such measure shall be laid upon the table, and shall not be 
taken therefrom except by a vote of two-thirds of the qualified membership of the Senate: 
Provided, no local bill shall be held by the Chair as embodying the provisions, or being 
identical with any statewide measure which has been laid upon the table or failed to pass 
any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie upon the 
table, and shall not be taken therefrom except by a vote of two-thirds of the membership of 
the Senate. 

RULE 54. Taking bill from table. — No bill which has been laid upon the table shall be 
taken therefrom except by a vote of two-thirds of the membership of the Senate. 

RULE 54. L Bill title. — The title of each bill shall adequately and fairly reflect its 
subject matter. 



March 19, 1985 



104 SENATE JOURNAL [Session 

RULE 55. Amending titles of bills. — When a bill is materially modified or the scope 
of its application extended or decreased, or if the county, or counties, to which it applies is 
changed, the title of the bill shall be changed by the Senator introducing the bill or by the 
committee having it in charge, or by the Principal Clerk, so as to indicate the full purport 
of the bill as amended and the county or counties to which it appUes. 

RULE 56. Corrections of typographical errors in bills. — The Enrolling Clerk is 
authorized to make corrections of typographical errors in the text of bills at any time prior 
to ratification. Before the correction is made, the Enrolling Clerk shall have the approval 
of the Chairman of the Committee on Rules and Operation of the Senate. 

RULE 57. Conference committees. — Whenever the Senate declines or refuses to 
concur in amendments put by the House to a bill originating in the Senate, or refuses to 
adopt a substitute adopted by the House for a bill originating in the Senate, a conference 
committee shall be appointed upon motion and the bill under consideration shall thereupon 
go to and be considered by the joint conferees on the part of the Senate and House. In 
considering matters in difference between the Senate and House committed to the 
conferees, only such matters as are in difference between the two houses shall be 
considered by the conferees, and the conference report shall deal only with such matters. 
The conference report shall not be amended. Except as herein set out, the rules of the 
United States House of Representatives shall govern the appointment, conduct, and 
reports of the conferees. 

RULE 57. L Amendments and committee substitutes adopted by the House to bills 
originating in the Senate. — (a) Whenever the House has adopted an amendment or a 
committee substitute for a bill originating in the Senate, and has returned the bill to the 
Senate for concurrence in that amendment or committee substitute, the Senate may not 
concur in that amendment or committee substitute until the next legislative day following 
the day on which the Senate receives that measure. 

(b) The Presiding Officer may, and upon motion supported by a majority of the Senate 
present and voting, shall refer the bill to an appropriate committee for consideration of the 
amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether the 
amendment or committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. If the measure was referred to committee, the committee 
shall: 

i. report the bill with the recommendation either that the Senate concur or that the 
Senate do not concur; and 
ii. advise the Presiding Officer as to whether or not the amendment or committee 
substitute is a material amendment under Article II, Section 23, of the State's 
Constitution. 

(d) If the amendment or committee substitute for a bill is not a material amendment, the 
question before the Senate shall be concurrence. 

(e) If the amendment or committee substitute for a bill is a material amendment, the 
receiving of that bill on messages shall constitute first reading and the question before the 
Senate shall be concurrence on second reading. If the motion is passed, the question then 
shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the Senate may 
be amended by the Senate. 



March 19, 1985 



1985] SENATE JOURNAL 105 

RULE 58. Certification of passage of bills. — The Principal Clerk shall certify the 
passage of bills by the Senate, with the date thereof, together with the fact whether 
passed by vote of three-fifths or two-thirds of the Senate, whenever such vote may be 
required by the Constitution or laws of the State. 

RULE 59. Transmittal of bills to House. — No bill shall be sent from the Senate on 
the day of its passage except on the last day of the session, unless otherwise ordered by a 
vote of two-thirds of the membership of the Senate. 

RULE 59. L Engrossment. — Bills and resolutions, except those making appropria- 
tions, which originate in the Senate and which are amended shall be engrossed before 
being sent to the House. 

Vn. Legislative Officers and Employees 

RULE 60. Pages. — The President of the Senate shall appoint pages. The President, 
or such person as he may designate, shall supervise the pages and assign to them their 
duties. Each page shall be at least 14 years of age. 

RULE 6L Sergeants-at-Arms. — (a) There shall be 14 positions of Assistant 
Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who are to work under his or 
her supervision and to be assigned such duties and powers as he or she shall direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members and 
employees of the Senate while in the Senate Chamber, or any place in which the Senate or 
its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders of the 
Senate and signed by the President of the Senate, and said warrants and subpoenas shall 
be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff. — The Principal Clerk of the Senate shall employ 
all necessary employees and clerks required to carry out the duties of his or her office. The 
Principal Clerk shall have supervision and control, and shall assign such duties and powers 
as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall have a 
clerk. The clerk to a committee shall serve as secretary to the chairman of that committee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee clerk to 
serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the individual 
member. Such clerks and secretaries shall file initial applications for employment with the 
Supervisor of Clerks and shall receive compensation as prescribed by the Legislative 
Services Commission. The employment period of clerks and secretaries shall comply with 
the period as established by the Legislative Services Commission unless employment for 
an extended period is approved by the President Pro Tempore. The clerks and secretaries 
shall adhere to such uniform regulations and other conditions of employment (including 
retention) under the direction of the Supervisor of Clerks as the Committee on Rules and 
Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President of 
the Senate. 



March 19, 1985 



106 SENATE JOURNAL [Session 

RULE 64. Senate Journal. — The Principal Clerk shall prepare and be responsible for 
the Journal. The Committee on Rules and Operation of the Senate shall examine the 
Journal to determine if the proceedings of the previous day have been correctly recorded. 

RULE 65. (Reserved for future addition to rules). 

VIIL General Rules 

RULE 66. President to sign papers. — All acts, addresses and resolutions, and all 
warrants and subpoenas issued by order of the Senate shall be signed by the President or 
by the President Pro Tempore presiding in his absence. 

RULE 67. Admission to the floor of the Senate. — No person except members of the 
Senate, members of the House of Representatives, staff of the General Assembly; staff of 
the Lieutenant Governor; Judges of the Supreme Court, Court of Appeals, and Superior 
Courts; the Governor and members of the Council of State; former members of the 
General Assembly; and persons particularly invited and extended the privileges of the 
floor by the President shall be admitted to the floor of the Senate during its session. 
Notwithstanding any other provision of these rules, no registered lobbyist shall be 
admitted to the floor of the Senate or Senate Chamber while the Senate is in session. 

RULE 68. Privileges of the floor. — Any group or individual other than members of 
the Senate who desires to make remarks upon the floor of the Senate will first obtain 
approval of the Committee on Rules and Operation of the Senate. 

RULE 69. News media. — The President is authorized to assign area and equipment 
on the floor of the Senate for the use of the representatives of news media; and the 
President shall provide regulations for the operation of the representatives of the news 
media on the floor of the Senate. 

RULE 70. Absence without leave. — No Senator or officer of the Senate shall depart 
the service of the Senate without leave, or receive pay as a Senator or officer for the time 
he is absent without leave. 

'■.'■-' '.•;,■ 

RULE 7L Placing material on Senators' desks. — Any person other than a member 
of the Senate desiring to place articles of any kind on or about desks in the Senate 
Chamber or in the offices of the members of the Senate shall make written appHcation to, 
and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore of the 
Senate shall assign seats in the Senate chamber to the members elected. In making such 
assignments, each member elected to the immediate preceding session of the Senate shall 
be entitled to the seat occupied by him or to his selection of any other seat vacated. The 
President Pro Tempore, when assigning seats, shall give preferential consideration to the 
respective members according to the length of service which each member has rendered in 
the Senate. No incumbent appointed to fill an unexpired term in the immediate preceding 
session shall retain the seat if requested by a Senator elected to said session. 

(b) No later than two days after the initial committee assignments become final, the 
President Pro Tempore of the Senate is authorized to make assignments of committee 
rooms and offices to designated committees, chairmen, and members of the Senate. The 
office adjacent to any committee room assigned to a principal committee by the President 
Pro Tempore shall be automatically assigned to the chairman of the principal committee. 



March 19, 1985 



1985] SENATE JOURNAL 107 

In making such assignments of individual offices, the President Pro Tempore shall give 
preferential consideration to the respective members according to the length of service 
which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate employees. — All 

administrative rules, regulations and orders involving all individuals employed to perform 
duties for the Senate, other than those appointed by the Principal Clerk and the Sergeant- 
at-Arms, shall be first approved by the Committee on Rules and Operation of the Senate. 

RULE 74. Notice of public hearings. — Notice shall be given not less than five 
calendar days prior to public hearings. Such notices shall be issued as information for the 
press and the information shall be posted in the places designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements. — Persons desiring to 
appear and be heard at a public hearing are encouraged to file with the chairman of the 
committee a brief or a written statement of the remarks to be made at least 24 hours 
before the time of the hearing. 

RULE 76. Voting in joint sessions. — When any Senate Committee sits jointly with 
the House Committee, the Senate Committee reserves the right to vote separately from 
the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These rules may not 
be permanently rescinded or altered except by Senate simple resolution passed by a 
two-thirds vote of the membership of the Senate. The introducer of the resolution must, 
on the floor of the Senate, give notice of his intent to introduce the resolution on the 
legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of the 
membership of the Senate, may temporarily suspend any of these rules. 

Sec. 2. This resolution is effective upon its adoption. 



S. R. 97, a Senate resolution honoring the life and work of Ralph Henderson Scott, Sr. , 
and designating March 19, 1985, as Ralph Scott Day in the North Carolina Senate, for 
adoption. 

Senator Hardison offers a motion that the Senate resolution be adopted and further 
moves that the text of the resolution be spread upon the Journal, which motions prevail. 
The text of the resolution is as follows: 

Whereas, Ralph Henderson Scott, Sr. , one of the supremely great figures of our time, 
served 13 terms in the North Carolina Senate spanning the years 1951 through 1979 and 
covering the administrations of eight Governors, including his brother, W. Kerr Scott, 
and nephew, Robert W. Scott; and 

Whereas, Ralph Scott was a member of the Advisory Budget Commission for 14 years, 
including six years as its Chairman, being credited with a major role in developing the 
modem-day fiscal policies of the government of North Carolina; and 

Whereas, Ralph Scott, to a degree unsurpassed by any citizen of this State, has been an 
unyielding advocate and friend of the mentally afflicted and physically disabled, devoting 
a lifetime of leadership and service to their cause; and 



March 19, 1985 



108 SENATE JOURNAL [Session 

Whereas, Ralph Scott's legislative experience, instinct and hard work made him one of 
the most effective members in the annals of the North Carolina Senate, setting a standard 
of excellence by which public service may be gauged; and 

Whereas, Ralph Scott, although a successful businessman, values sincerity more than 
gold, and has forever been a friend to the oppressed and a foe of injustice; and 

Whereas, Ralph Scott's every action has been to promote the advancement of a 
progressive State without sacrificing its traditional values; and 

Whereas, we operate in the giant shadow of a man who by his Hfe and work will "leave 
the woodpile a little higher than he found it"; and 

Whereas, we wish to express to former Senator Ralph Scott our heart-felt commenda- 
tion, admiration and appreciation for his many accomplishments on behalf of our State and 
its people; 
Now, therefore, be it resolved by the Senate: 

Section 1. The Senate expresses to Ralph Scott the sentiments of a grateful people and 
declares this day, March 19, 1985, to be "Ralph Scott Day in the North Carolina Senate." 

Sec. 2. The Principal Clerk of the Senate shall send a certified copy of this resolution to 
Ralph H. Scott, Sr. 

Sec. 3. This resolution is effective upon adoption. 



Members of the Senate, family and friends of the former Senator honor him with a 
standing ovation. 

Senator Scott responds to the standing ovation as follows: "I can't tell you what this. . . 
I don't have the words to express my appreciation. I want to thank all of you from the 
bottom of my heart." 

On motion of Senator Harrington, seconded by Senator Sawyer, the Senate adjourns in 
honor of Ralph Henderson Scott, Sr. to meet tomorrow, Wednesday, March 20 at 
1:30 P.M. 



THIRTY-SECOND DAY 



Senate Chamber, 
Wednesday, March 20, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Life, we thank Thee for all the blessings of life. For the very life that stirs 
within us, for the love and security of our family circle, for Your grace which has sustained 
us in the difficult moments of our Uves, and for Your calming presence as we face the 
pressures of this day — we give Thee thanks, Lord. 

"0 God of Compassion, we pray Thee to be with all the citizens of our State who are 
weary and heavy-laden. Give renewed strength and vision to those who are suffering from 
burnout; and give hope for a better tomorrow to all who are unemployed. Offer Thy grace 
and strength to all who are suffering the pain and loneUness of separation or divorce. Work 



March 20, 1985 



1985] SENATE JOURNAL 109 

Thy healing power in all who are sick; and sustain all who are confined to bed, home, or 
nursing facility — with an assurance of Thy presence. Offer hope to all who are dis- 
couraged; and give comfort to all who grieve the loss of a loved one. And give to each of us 
hearts of compassion that we may reach out in love to all who need and long for some 
demonstration of love and support. 

"0 God of Love, use each of us as messengers of love, apostles of hope, and agents of 
compassion in a battered world. In this Chamber, in the legislative buildings, and in our 
local communities — make us sensitive to the burdens, needs, and hurts of the children, 
youth, and adults who daily touch our lives. Deliver us from coldness of heart; inspire us to 
extend the touch of tenderness to all who are battered and bruised by life; and use us as 
instruments of Your grace and peace in all those places where we live, work, and play. 

"All this we ask in the gracious Name of our God, who says, 'Comfort ye, comfort ye my 
people.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses vdth the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Simpson for today. A leave of 
absence granted previously to Senator Johnson of Cabarrus is noted. 

The President extends courtesies of the gallery to Margaret Tennille, former Member 
of the House of Representatives. 

COMMITTEE APPOINTMENTS 

The President of the Senate announces the following appointments of select com- 
mittees: 

UNIVERSITY BOARD OF GOVERNORS: Senators Royall (Chairman), Ballenger, 
Harrington, Martin of Guilford, Plyler, Swain, Thomas of Craven, Walker, and Woodard. 

BOARD OF COMMUNITY COLLEGES: Senators Rand (Chairman), Conder, Mar- 
vin, Pamell, Smith, Ward, Watt, and Winner. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

H. B. 230, a bill to exempt temporarily the General Assembly from State purchase and 
contract procedures for the purpose of acquiring computer equipment, suppHes, and 
services, with a favorable report. 

By Senator Hardison for the Commerce Committee: 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North Carolina Consumer Finance Act, with a favorable 
report, as amended. 



March 20, 1985 



no * SENATE JOURNAL [Session 

By Senator Staton for the Judiciary II Committee: 

S. B. 60, a bill to amend the statutes relating to discipHne and disbarment of attorneys 
at law, with a favorable report. 

By Senator Warren for the Transportation Committee: 

S. B. 105, a bill to amend Chapter 20 to grandfather truck weight limitations for 
packaged fertilizer and agriculture lime, with a favorable report. 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 50, a bill to modify special budgetary provisions contained in Chapter 1034 of the 
1983 Session Laws which relate to interest income on N.C. Housing Finance Agency bond 
reserve appropriations, with a favorable report, 

H. B. 116, a bill to exempt municipalities that buy electric power from a federal agency 
and make payments in lieu of taxes from the sales tax on utility services, with a favorable 
report, 

S. B. 90, a bill to authorize Dare County to levy an excise tax on instruments conveying 
real property in Dare County, with a favorable report, as amended, 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Guy: 

S. B. 114, a bill for the County of Onslow and its municipalities concerning zoning. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Swain, Hipps, Thomas of Henderson, and Winner: 

S. B. 115, a bill to appropriate funds for a library addition at the University of North 
Carohna at Asheville. 
Referred to Appropriations Committee. 

By Senators Swain, Barnes, Ezzell, Staton, Taft, and Winner: 

S. B. 116, a bill to increase the pay for emergency justices and judges. 
Referred to Appropriations Committee. 

By Senator Harris: 

S. B. 117, a bill to amend Chapter 381 of the Private Laws of North Carolina, 1905, as it 
relates to the designation of the Kings Mountain Graded School District, 
Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 20, 1985 



1985] SENATE JOURNAL 111 

H. B. 159 (Committee Susbstitute), a bill to insure that the Pamhco River is designated 
the Pamlico River in the entire County of Beaufort. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follow^s: 

H. B. 84 (Senate Committee Substitute), a bill clarifying the Health Maintenance 
Organization Act. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

On motion of Senator Harrington, seconded by Senator Cobb, the Senate adjourns to 
meet tomorrow, Thursday, March 21, at 1:30 P.M. 



THIRTY-THIRD DAY 



Senate Chamber, 
Thursday, March 21, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend A. W. Canada, Minister of Mount Olive Presbyterian 
Church, Charlotte, as follows: 

"Our Father, Creator and Sustainer of life; we ask that You bestow Your love and 
wisdom upon these leaders as they deliberate the affairs of Your people within this State. 
May Your light so guide and direct them in the paths most meaningful, appropriate, and 
fruitful for the residents of this great State. Touch their minds and souls so that the will of 
the people shall be addressed through their efforts. 

"Keep us all in Your peace and may love permeate all we do. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Ballenger for tomorrow, March 22. 

ENROLLED BILLS 

The Enrolling Clerk reports the follovdng bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 57, an act to clarify the treatment of unspecified sentences that are required by 
statute to run consecutively with any other sentence. (Ch. 21) 



March 21, 1985 



112 ; SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

H. B. 137, a bill to prohibit hunting from the rights-of-way of pubhc roads in Rocking- 
ham County, with a favorable report. 

H. B. 145, a bill to repeal local legislation prohibiting the taking of female deer in certain 
Townships of Martin County, with a favorable report. 

H. B. 152, a bill to prohibit the taking of game from certain public roads and highways in 
Currituck County, with a favorable report. 

H. B. 153, a bill to regulate hunting on the lands of another in Tyrrell County, with a 
favorable report. 

H. B. 156, a bill to allow an increase in the compensation for members of sanitary 
district boards, with a favorable report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries, with a favorable report. 

By Senator Warren for the Transportation Committee: 

S. B. 29, a bill to change the method for measuring the tread depth on tires to determine 
whether or not they are safe, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill, changing the title to read S. B. 29 (Committee Substitute), a 
bill to change the method for measuring the tread depth on tires to determine whether 
they are safe. On motion of Senator Warren, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration. On motion of 
Senator Warren, the Committee Substitute bill is adopted, and on his further motion is 
placed on the Calendar for Friday, March 22. 

S. B. 99, a bill to permit disabled veterans to park in handicapped spaces, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Warren, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Warren, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, March 22. 

S. B. 98, a bill to provide free registration plates to persons awarded the Congressional 
Medal of Honor who are residents of North Carolina, with a favorable report as amended. 

By Senator Staton for the Judiciary II Committee: 

S. B. 59, a bill to amend the statutes relating to the election of councilors to the North 
Carolina State Bar in order to provide for uniform rules and terms of office, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 



March 21, 1985 



1985] SENATE JOURNAL 113 

On motion of Senator Staton, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Staton, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, March 22. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kincaid: 

S. B. 118, a bill to amend the Charter of the Town of Rhodhiss to provide for a four-year 
term for the mayor and staggered four-year terms for the board of commissioners. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Somers, Ballenger, Harrington, Kincaid, Rauch, Redman, Sawyer, Shaw, 
Smith, Soles, Taft, Thomas of Henderson, Walker, Winner, and Wright: 

S. B. 119, a bill to provide for renewals of drivers licenses of safe drivers by mail. 
Referred to Judiciary III Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 14, a bill to clarify the scope of the inheritance tax exemption for property passing 
to a charitable, religious, or educational organization or for a charitable, religious, or 
educational purpose. 

Referred to Finance Committee. 

H. B. 15, a bill to extend the income tax exclusion for certain employee death benefits to 
similar death benefits of self-employed individuals. 
Referred to Finance Committee. 

H. B. 163, a bill regarding Hquor prices. 
Referred to Judiciary III Committee. 

H. B. 164, a bill to redefine unfortified wine in the ABC law. 
Referred to Judiciary III Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 90, a bill to authorize Dare County to levy an excise tax on instruments conveying 
real property in Dare County, upon second reading. 

On motion of Senator Basnight, Committee Amendment No. 1, held not to be material 
upon the point of order raised, is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 40, noes 8 as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Jordan, Kaplan, Martin of Guilford, 



March 21, 1985 



114 SENATE JOURNAL [Session 

Martin of Pitt, Marvin, McDuffie, Pamell, Plyler, Price, Rand, Rauch, Redman, Royall, 
Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and Woodard — 40. 

Voting in the negative: Senators Ballenger, Cobb, Ezzell, Johnson of Cabarrus, John- 
son of Wake, Kincaid, Sawyer, and Wright — 8. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 50, a bill to motify special budgetary provisions contained in Chapter 1034 of the 
1983 Session Laws which relate to interest income on N.C. Housing Finance Agency bond 
reserve appropriations, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North Carolina Consumer Finance Act. 

On motion of Senator Woodard, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Martin of Guilford to its third reading, the bill, as amended, 
remains on the Calendar for further consideration upon third reading. 

S. B. 60, a bill to amend the statutes relating to discipUne and disbarment of attorneys 
at law. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Staton to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 105, a bill to amend Chapter 20 to grandfather truck weight limitations for 
packaged fertilizer and agriculture lime. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 116, a bill to exempt municipalities that buy electric power from a federal agency 
and make payments in Ueu of taxes from the sales tax on utility services. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. ■ ■^■ 

H. B. 230, a bill to exempt temporarily the General Assembly from State purchase and 
contract procedures for the purpose of acquiring computer equipment, suppHes, and 
services. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Kincaid, the Senate adjourns to 
meet tomorrow, Friday, March 22, at 10:00 A.M. 



March 21, 1985 



1985] SENATE JOURNAL 115 

THIRTY-FOURTH DAY 

Senate Chamber, 
Friday, March 22, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend J. Edv^^ard Morrison, Trinity United Methodist 
Church, Troy, as follov^^s: 

"Almighty God, Who has given us this 'goodUest land' for our heritage, we invoke Your 
presence upon this room and upon the Members of this Senate this day. Endue with the 
spirit of wisdom those to whom we entrust the authority of our government. Give them 
strength to know and do Your will. Make them pure in motive, vdse in counsel, and strong 
in action. So rule their hearts and prosper their endeavors, that law and order, justice and 
peace may prevail within the State of North Carolina and we may be known as a place of 
honorable industry, sound learning, and pure manners, caring for our citizens in the 
manner demonstrated by the love of Jesus, in Whose Name I pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator McDuffie for today. A leave of 
absence granted previously to Senator Ballenger is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 91, an act to restore the authority of Onslow County to regulate subdivision of land 
into parcels between one and ten acres. (Ch. 22) 

H. B. 116, an act to exempt municipalities that buy electric power from a federal agency 
and make payments in lieu of taxes from the sales tax on utility services. (Ch. 23) 

H. B. 230, an act to exempt temporarily the General Assembly from State purchase and 
contract procedures for the purpose of acquiring computer equipment, supplies, and 
services. (Ch. 24) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

S. R. 39, a bill to make the use of seat belts in motor vehicles mandatory and to remove 
the sunset on the use of child restraint devices, vidth an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 



March 22, 1985 



116 SENATE JOURNAL [Session 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, March 26. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Warren: 

S. B. 120, a bill to authorize the Department of Transportation to enter into reciprocal 
inspection agreements with other states and the Federal Highway Administration for 
highway suppUes and materials. 

Referred to Transportation Committee. 

By Senator Parnell: 

S. B. 121, a bill to revise and consoUdate the Charter of the Town of Marietta and to 
repeal prior local acts. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Royall: 

S. B. 122, a bill reestablishing the North Carolina School of Science and Mathematics as 
an affihated school of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senator Harris: 

S. B. 123, a bill to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board, 
Referred to Human Resources Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 32, a bill to simpUfy the alcoholic beverage tax statutes. 
Referred to Finance Committee. 

H. B. 161, a bill authorizing retail businesses to obtain an ABC permit to sell unfortified 
wine for off-premises consumption. 
Referred to Judiciary III Committee. 

H. B. 178, a bill to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Harnett County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 221, a bill to repeal the Charter of the Town of Shady Forest. 
Referred to Local Government and Regional Affairs Committee. 



March 22, 1985 



1985] SENATE JOURNAL 117 

H. B. 246, a bill to clarify the Employment Security Law to assure compliance with 
federal law regarding the employees of educational service agencies. 
Referred to Manufacturing and Labor Committee. 

H. B. 247, a bill to amend the Employment Security Law to encourage employer 
participation in adult cooperative education. 

Referred to Manufacturing and Labor Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 90, a bill to authorize Dare County to levy an excise tax on instruments conveying 
real property in Dare County, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 32, noes 9, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Goldston, Hardison, 
Harrington, Harris, Hunt of Durham, Jordan, Kaplan, Martin of Guilford, Martin of Pitt, 
Marvin, Parnell, Plyler, Price, Rand, Redman, Royall, Shaw, Smith, Speed, Staton, Taft, 
Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and Woodard — 32. 

Voting in the negative: Senators Cobb, Ezzell, Guy, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Sawyer, Simpson, and Wright — 9. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 137, a bill to prohibit hunting from the rights-of-way of public roads in Rocking- 
ham County. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 152, a bill to prohibit the taking of game from certain public roads and highways in 
Currituck County. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 153, a bill to regulate hunting on the lands of another in Tyrrell County. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 145, a bill to repeal local legislation prohibiting the taking of female deer in certain 
Townships of Martin County. 
The bill passes its second and third readings and is ordered enrolled. 

S. B. 50, a bill to modify special budgetary provisions contained in Chapter 1034 of the 
1983 Session Laws which relate to interest income on N. C. Housing Finance Agency bond 
reserve appropriations, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, 
Smith, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



March 22, 1985 



118 SENATE JOURNAL [Session 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North CaroUna Consumer Finance Act, as amended, upon 
third reading. 

Senator Martin of Guilford offers Amendment No. 2. 

Senator Harris offers a motion that Amendment No. 2 do Ue upon the table, seconded by 
Senator Hardison, which motion fails to prevail (electronically recorded). 

On motion of Senator Rauch, the bill, as amended, with Amendment No. 2 pending, is 
placed on the Calendar for Tuesday, March 26 (electronically recorded), for further 
consideration. 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law, upon third reading. 

On motion of Senator Staton, consideration of the bill is postponed until Tuesday, 
March 26. 

S. B. 29 (Committee Substitute), a bill to change the method of measuring the tread 
depth on tires to determine whether they are safe. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 55, a bill to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 59 (Committee Substitute), a bill to amend the statutes relating to the election of 
councilors to the North Carolina State Bar in order to provide for uniform rules and terms 
of office. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 98, a bill to provide free registration plates to persons awarded the Congressional 
Medal of Honor who are residents of North Carolina. 

On motion of Senator Rand, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third redings and is 
ordered engrossed and sent to the House of Representatives. 

S. B. 99 (Committee Substitute), a bill to permit disabled veterans to park in handi- 
capped spaces. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

H. B. 156, a bill to allow an increase in the compensation for members of sanitary 
district boards. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Thomas of Craven, the Senate 
adjourns to meet Monday, March 25, at 8:00 P.M. 



March 22, 1985 



1985] SENATE JOURNAL 119 

THIRTY-FIFTH DAY 

Senate Chamber, 
Monday, March 25, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr. , Senate Chaplain, as follows: 

"0 God of the Family, we thank Thee for the time of renewal which we were able to 
spend with our famiUes this past weekend. We are grateful for the love and support which 
we receive from our spouse and children; and we pray that we may never fail to assure 
them of our love and affection. In our busy schedules, help us to always make time for 
those who are near and dear to us; and grant that we may always work to strengthen the 
ties that sustain our family life. 

"0 God of Creation, we thank Thee for the beauty and wonder of Thy creation, and we 
rejoice in the signs of spring which are bursting out all around us. Help us to see Thee in 
the budding flowers and trees; and give to us a sense of stewardship, that we may seek to 
carefully preserve all of our natural resources. 

"0 God of Strength, give us renewed strength of body, mind, and spirit. We are tired of 
traveling, weary of meetings, and heavy-laden with political responsibihties. Help us to 
deal creatively vdth the pressures which the pubHc and the press place upon us; and give 
us strength to deal with the stress of trying to fulfill all our family, business, social, and 
legislative commitments. 

"All this we ask in the name of our God who said, 'Those who wait upon the Lord shall 
renew their strength. They shall mount up with wings like eagles, they shall run and not 
be weary, they shall walk and not faint.' Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Thomas of Henderson for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 137, an act to prohibit hunting from the rights-of-way of public roads in Rocking- 
ham County. (Ch. 25) 

H. B. 145, an act to repeal local legislation prohibiting the taking of female deer in 
certain Tov^mships of Martin County. (Ch. 26) 

H. B. 152, an act to prohibit the taking of game from certain public roads and highways 
in Currituck County. (Ch. 27) 

H. B. 153, an act to regulate hunting on the lands of another in Tyrrell County. (Ch. 28) 



March 25, 1985 



120 SENATE JOURNAL [Session 

H. B. 156, an act to allow an increase in the compensation for members of sanitary 
district boards. (Ch. 29) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner and Swain: 

S. B. 124, a bill to put Buncombe County under the statewide fox hunting law. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Simpson: 

S. B. 125, a bill to provide that false information in State employees' files shall be 
destroyed. 
Referred to State Government Committee. 

By Senator Ezzell: 

S. B. 126, a bill to empower nonprofit corporations to enter into arrangements with 
others for sharing of benefits or union of interests. 
Referred to Commerce Committee. 

By Senator Kaplan: 

S. B. 127, a bill to eUminate unneeded campaign finance reports. 
Referred to Election Laws Committee. 

By Senators Tally, Barnes, Hardison, Hunt of Moore, Marvin, Rand, Rauch, Redman, 
Royall, Swain, Taft, Thomas of Henderson, Walker, and Ward: 

S. B. 128, a bill to appropriate funds to the Division of Mental Health, Mental Retarda- 
tion and Substance Abuse Services, Department of Human Resources, for the purpose of 
promoting equalization of State appropriated matching funds to area authorities. 

Referred to Human Resources Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 57 (Committee Substitute), a bill to modify the definition of utility for purposes of 
imposing sales tax on certain utility services and to allow all municipalities or State 
agencies that sell electricity or piped natural gas a three percent (3%) deduction on their 
markup. 

Referred to Commerce Committee. 

H. B. 142 (Committee Substitute), a bill to repeal the sunset provision on certain safety 
requirements concerning a stopped school bus. 
Referred to Judiciary I Committee. 



March 25, 1985 



1985] SENATE JOURNAL 121 

H. B. 169 (Committee Substitute), a bill to provide an additional procedure by which the 
City of Winston-Salem may acquire property for public purposes by eminent domain. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 177, a bill to validate a conveyance of the Town of Greenevers. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 217, a bill to amend the Raleigh City Charter concerning zoning. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 224, a bill to amend the Charter of the Town of Cary concerning zoning regula- 
tions. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 233, a bill to revise and consolidate the Charter of the Town of Garysburg. 
Referred to Local Government and Regional Affairs Committee. 

The President recognizes the following pages serving in the Senate this week: Deanna 
Marie Baker, Charlotte; Charles McKinley Brittain III, Stedman; Denise Brown, Jack- 
sonville; Jerrell Douglas Coleman, Jr., Stedman; Amy Lynn Cousins, Knightdale; John 
M. Furlough, Jr. , Creswell; Lisa Harbin, Asheville; Jennifer Rae Lee, Murphy; Kimberly 
Ann Leggett, Battleboro; Melissa E. Livengood, Raleigh; Crystal Denise Lloyd, Wil- 
liamston; Karen Anita Macon, Wake Forest; Susan Denise Page, Stantonsburg; Joseph 
Logan Pearce, Creswell; Gwendetta Denise Smith, Henderson; Julie Ann Thomas, Cary; 
and Alissa Vermillion, Raleigh. 

On motion of Senator Harrington, seconded by Senator Simpson, the Senate adjourns 
to meet tomorrow, Tuesday, March 26, at 1:30 P.M. 



THIRTY-SIXTH DAY 



Senate Chamber, 
Tuesday, March 26, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Donald M. Price, Benson Baptist Church, Benson, as 
follows: 

"Eternal God, our Heavenly Father, we thank You for Your goodness to us. We thank 
You for the privilege of Uving today in the great State of North Carolina in such a 
challenging time of history. We acknowledge Your many blessings to us. 

"0 Lord, our God, we acknowledge our need of Your wisdom. We pray that You will 
bless these ladies and gentlemen who have been chosen by the people of this State to serve 
them, for You know them, their needs, their motives, their hopes, and their fears. Lord, 
put Your arm around them to give them strength, and speak to them to give them wisdom 
greater than their own. May they hear Your voice and seek Your guidance. 



March 26, 1985 



122 SENATE JOURNAL [Session 

"We acknowledge that You govern the affairs of men. May these Senators be keenly 
aware that You are concerned about what is said and done here, and may they have clear 
conscience before You, that their motives are pure and that they do what is best for all the 
citizens of this State. 

"Bless each of us according to our deepest need, and use us for Your glory, we humbly 
pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Plyler for today. 

The President extends courtesies of the gallery to his mother, Mrs. Irene Jordan, and 
to his wife, Mrs. Sarah Jordan. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 84 (Senate Committee Substitute), an act clarifying the Health Maintenance 
Organization Act. (Ch. 30) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 32, a bill to permit enforcement of alimony judgments while on appeal, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for Thursday, March 28. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 82, a bill to create a commission to study the General Statutes of North CaroUna 
pertaining to the regulation of insurance, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is re-referred to the Appropriations 
Committee. 

S. B. 83, a bill to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance, with a favorable report, as 
amended. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 



March 26, 1985 



1985] SENATE JOURNAL 123 

S. B. 51, a bill to repeal local legislation permitting the sale of rock fish in Halifax and 
Northampton Counties, with a favorable report. 

S. B. 85, a bill to incorporate the Town of Willow Creek in Davidson County, with a 
favorable report, 

S. B. 108, a bill to allow Rowan County ordinances regulating waste disposal to apply 
countywide, and to authorize Rowan County to enter into long term contracts for disposal 
of solid waste, with a favorable report. 

S. B. 109, a bill to provide a sixth ward for the City of New Bern, and to provide that the 
mayor counts toward a quorum and towards the number of votes necessary to pass an 
ordinance, with a favorable report. 

S. B. 117, a bill to amend Chapter 381 of the Private Laws of North Carolina, 1905, as it 
relates to the designation of the Kings Mountain Graded School District, with a favorable 
report. 

H. B. 150, a bill to regulate the filing of copies of plats, etc. , in Brunswick County, with a 
favorable report. 

H. B. 172, a bill relating to the Forsyth County Tourism Development Authority, with a 
favorable report. 

H. B. 177, a bill to validate a conveyance of the Town of Greene vers, with a favorable 
report. 

H. B. 179, a bill to revise and consolidate the Charter of the Town of Columbus, with a 
favorable report. 

H. B. 184, a bill to authorize the City of Raleigh to perform certain activities not 
currently allowed by its Charter or State statute, with a favorable report. 

H. B. 203, a bill to amend the Charter of the Town of Clarkton, with a favorable report. 

H. B. 209, a bill to repeal the law creating the "City-County Radio and Identification 
Bureau Commission" in Buncombe County, with a favorable report. 

H. B. 202, a bill to provide that in certain circumstances vacancies in the Board of 
Education of Watauga County be filled only until the next general election, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Thomas rf Craven: 

S. B. 129, a bill to permit Craven County to construct and lease a natural gas line and 
participate in construction of an electrical power line. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Walker, Hunt of Moore, Johnson of Wake, Tally, Ward, and Woodard: 



March 26, 1985 



124 ■ SENATE JOURNAL [Session 

S. B. 130, a bill to appropriate funds to the North CaroHna Historic Preservation 
Foundation, Inc. , for the statewide revolving fund for historic preservation. 
Referred to Appropriations Committee. 

By Senators Staton, Ezzell, Guy, Hardison, Harrington, Harris, Johnson of Wake, 
Plyler, Rand, Redman, Walker, Warren, and Woodard: 

S. B. 131, a bill to grant scholarship benefits for children of Medal of Honor recipients 
under the scholarships for children of war veterans program. 
Referred to State Government Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 132, a bill to repeal the limitation on the number of members of a political party 
who may serve on the Asheboro City Board of Education, and to clarify that absentee 
voting is allowed. 

Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 78 (Committee Substitute), a bill to authorize withholding of State employees' 
wages to satisfy debts to the State. 
Referred to Judiciary IV Committee. 

H. B. 158 (Committee Substitute), a bill to regulate terms of trustees of institutions of 
the community college system. 

Referred to Higher Education Committee. 

H. B. 235, a bill to provide that the Cabarrus County Board of Education shall be 
elected at the time of the primary. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North Carolina Consumer Finance Act, as amended, upon 
third reading, with pending Amendment No. 2. 

Without objection, Senator Conder is excused from all votes for the stated reason: 
"Possible conflict of interest." 

The Chair directs the Reading Clerk to read Amendment No. 2. Senator Martin of 
Guilford offers a motion that the bill, as amended, with pending Amendment No. 2, be 
re-referred to the Judiciary I Committee, which motion fails to prevail (electronically 
recorded). Amendment No. 2 is adopted (electronically recorded). 

Senator Martin of Guilford offers Amendment No. 3 which fails of adoption (electroni- 
cally recorded). 

Senator Watt offers Amendment No. 4 which fails of adoption (electronically recorded). 



March 26, 1985 



1985] SENATE JOURNAL 125 

Senator Woodard calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 60, a bill to amend the statutes relating to discipline and disbarment of attorneys 
at law, upon third reading. 

Senator Winner offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 39 (Committee Substitute), a bill to make the use of seat belts in motor vehicles 
mandatory and to remove the sunset on the use of child restraint devices. 

Senator Warren offers Amendment No. 1 which is adopted (electronically recorded). 

Senator Marvin offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

Senator Rauch offers Amendment No. 3, amending Amendment No. 1, which is 
adopted (electronically recorded). 

Senator Redman offers Amendment No. 4 which is adopted (electronically recorded). 

Senator Sawyer offers Amendment No. 5. Senator Warren offers a motion that Amend- 
ment No. 5 do lie upon the table, seconded by Senator Royall, which motion prevails 
(electronically recorded), and Amendment No. 5 Ues upon the table. 

Senator Warren calls the previous question, seconded by Senator Rand. The call is not 
sustained. 

Senator Wright offers Amendment No. 6, which fails of adoption (electronically re- 
corded). 

On motion of Senator Soles, the Committee Substitute bill, as amended, is recommitted 
to the Judiciary I Committee (electronically recorded). 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

H. B. 88, a bill to amend the Constitution of North CaroUna to provide that future 
Governors and Lieutenant Governors may not succeed themselves, and to make a con- 
forming change to the General Statutes, with a favorable report, as amended. 

On motion of Senator Soles, the bill is placed on the Calendar for Thursday, March 28. 

On motion of Senator Harrington, seconded by Senator Soles, the Senate adjourns to 
meet tomorrow, Wednesday, March 27, at 1:30 P.M. 



March 26, 1985 



126 SENATE JOURNAL [Session 

THIRTY-SEVENTH DAY 

Senate Chamber, 
Wednesday March 27, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Rabbi David Zielonka, Temple Emmanuel, Gastonia, as follows: 

"Lord: we praise You and seek Your blessing. 

"You have placed us on this bountiful earth and showered us with Your favor. You have 
given us resources and productivity beyond our needs, and challenged us to use them 
wisely. You have given us friends and family to share our joys and sorrows and encour- 
aged us to treat them kindly. You have given us co-workers with whom we carry on our 
common labors, and directed us to work cooperatively. 

"In return. You ask only that we acknowledge Your sovereignty, live in accordance 
with Your teachings, and devote our best efforts to helping others. 

"Give us, we pray, a share of Your wisdom and compassion. Inspire our hearts and 
minds, that we better understand the needs of others. Moderate our deliberations, that 
we blend our efforts toward common goals. Guide our actions, that we do only those things 
which will allow all people to grow in freedom. 

"Strengthen our hearts with Your teachings. Guard us from folly and unyielding pride, 
and guide us to work out Your standards of righteousness in our lives. 

"Blessed is the Lord, Who loves righteousness and justice, and from Whom all blessings 
flow. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 27, an act to provide penalties for removal of "separate" property during 
separation when an equitable distribution will be or is requested. (Ch. 31) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 



March 27, 1985 



1985] SENATE JOURNAL 127 

H. J. R. 10 (Committee Substitute), a joint resolution urging Congress and the Presi- 
dent to take action necessary to moderate the growth of textile and apparel imports, with 
a favorable report. 

H. B. 191, a bill to appoint persons to various public offices upon the recommendation of 
the Speaker of the House of Representatives, with a favorable report. 

By Senators Rauch and Thomas of Henderson for the Finance Committee: 

H. B. 16, a bill making a technical correction to the revenue laws, with a favorable 
report. 

H. B. 75, a bill to make clear that the privilege license tax on persons engaged in the 
business of selling knives and other weapons does not apply to persons engaged in the 
business of selUng slingshots, with a favorable report. 

By Senator Martin of Guilford for the Higher Education Committee: 

S. B. 86, a bill to establish a trust fund for the endowment of chairs at the constituent 
institutions of the University of North Carolina, with a favorable report. 

On motion of Senator Martin of Guilford the bill is re-referred to the Appropriations 
Committee. 

By Senator Warren for the Transportation Committee: 

S. B. 95, a bill to permit left turns on red in certain situations, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Warren, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Warren, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, March 29. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Conder, Hunt of Moore, and Tally: 

S. B. 133, a bill to provide for automobile insurance premium discounts for certain 
persons who complete accident prevention courses. 
Referred to Insurance Committee. 

By Senator Conder: 

S. B. 134, a bill to amend G. S. 159-90 of the State and Local Government Revenue Bond 
Act and G. S. 159-163 relating to revenue bond anticipation notes. 
Referred to Finance Committee. 

By Senators Plyler and Conder: 

S. B. 135, a bill to amend the restrictions on force account work as they apply to the City 
of Monroe. 
Referred to Local Government and Regional Affairs Committee. 



March 27, 1985 



128 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 160, a bill repealing the authority of ABC stores to sell native unfortified wine. 
Referred to Judiciary H Committee. 

H. B. 226, a bill to validate certain conveyances where seals were omitted. 
Referred to Judiciary H Committee. 

H. B. 227, a bill to vahdate certain acts of notaries. 
Referred to Judiciary H Committee. 

H. B. 296, a bill making technical corrections in Chapter 24, Session Laws of 1985. 

On motion of Senator Harrington, the rules are suspended (electronically recorded), 
and the bill is placed before the Senate for immediate consideration. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 85, a bill to incorporate the Town of Willow Creek in Davidson County, upon 
second reading. 

The Chair rules a majority vote of three-fifths of the membership of the Senate is 
required by the Constitution. 

The bill passes its second reading by roll-call vote, ayes 39, noes 10, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Johnson of Cabarrus, 
Jordan, Kaplan, Kincaid, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Royall, Simpson, Smith, Soles, Somers, Staton, Swain, Taft, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Woodard, and Wright — 39. 

Voting in the negative: Senators Ezzell, Hunt of Durham, Martin of Guilford, McDuffie, 
Sawyer, Shaw, Speed, Tally, Watt, and Winner — 10. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 109, a bill to provide a sixth ward for the City of New Bern, and to provide that the 
mayor counts toward a quorum and towards the number of votes necessary to pass an 
ordinance, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simpson, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 179, a bill to revise and consolidate the Charter of the Town of Columbus, upon 
second reading. 



March 27, 1985 



1985] SENATE JOURNAL 129 

The bill passes its second reading by roll-call vote, ayes 50, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, 
Sav^^er, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, 
Woodard, and Wright — 50. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 51, a bill to repeal local legislation permitting the sale of rock fish in Halifax and 
Northampton Counties. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 108, a bill to allow Rowan County ordinances regulating waste disposal to apply 
countywide, and to authorize Rowan County to enter into long term contracts for disposal 
of solid waste. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 117, a bill to amend Chapter 381 of the Private Laws of North Carolina, 1905, as it 
relates to the designation of the Kings Mountain Graded School District. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. , 

H. B. 150, a bill to regulate the filing of copies of plats, etc., in Brunswick County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 172, a bill relating to the Forsyth County Tourism Development Authority. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 177, a bill to vahdate a conveyance of the Town of Greenevers. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 184, a bill to authorize the City of Raleigh to perform certain activities not 
currently allowed by its Charter or State statute. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 202, a bill to provide that in certain circumstances vacancies in the Board of 
Education of Watauga County be filled only until the next general election. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 



March 27, 1985 



130 SENATE JOURNAL [Session 

H. B. 203, a bill to amend the Charter of the Town of Clarkton. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 209, a bill to repeal the law creating the "City-County Radio and Identification 
Bureau Commission" in Buncombe County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 83, a bill to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

APPOINTMENT OF COMMITTEES 

The President of the Senate announces additional appointments to the following Select 
Committees: ;, 

Select Committee on University Board of Governors: Senators Guy and Kincaid are 
appointed. 

Select Committee on Board of Community Colleges: Senator Warren is appointed. 

On motion of Senator Harrington, seconded by Senator Simpson, the Senate adjourns 
to meet tomorrow, Thursday, March 28, at 1:30 P.M. 



THIRTY-EIGHTH DAY 



Senate Chamber, 
Thursday March 28, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend WiUiam D. Sabiston III, North Carolina Conference 
Council on Ministries of the United Methodist Church, Raleigh, as follows: 

"Almighty God, bless our State that it may be a blessing to the Nation and the world. 
Grant us sound government and just laws, good education, and a responsible press, 
simplicity and justice in our relations with one another, and, above all, a spirit of service 
which will abolish pride of place and inequality of opportunity. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Plyler for today and tomorrow, 
March 29, and to Senators Ballenger, Conder, Kincaid, and Parnell for tomorrow, March 
29. 



March 28, 1985 



1985] SENATE JOURNAL 131 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 150, an act to regulate the filing of copies of plats, etc., in Brunswick County. 
(Ch. 32) 

H. B. 172, an act relating to the Forsyth County Tourism Development Authority. 
(Ch. 33) 

H. B. 177, an act to vahdate a conveyance of the Town of Greenevers. (Ch. 34) 

H. B. 184, an act to authorize the City of Raleigh to perform certain activities not 
currently allowed by its Charter or State statute. (Ch. 35) 

H. B. 203, an act to amend the Charter of the Town of Clarkton. (Ch. 36) 

H. B. 209, an act to repeal the law creating the "City-County Radio and Identification 
Bureau Commission" in Buncombe County. (Ch. 37) 

H. B. 296, an act making technical corrections in Chapter 24, Session Laws of 1985. 
(Ch. 38) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Jordan for the Manufacturing and Labor Committee: 

H. B. 246, a bill to clarify the Employment Security Law to assure compliance with 
federal law regarding the employees of educational service agencies, with a favorable 
report. 

H. B. 247, a bill to amend the Employment Security Law to encourage employer 
participation in adult cooperative education, with a favorable report. 

By Senator Ezzell for the Local Government and Regional Affairs Committee. 

S. B. 118, a bill to amend the Charter of the Town of Rhodhiss to provide for a four-year 
term for the mayor and staggered four-year terms for the board of commissioners, with a 
favorable report. 

S. B. 132, a bill to repeal the limitation on the number of members of a political party 
who may serve on the Asheboro City Board of Education, and to clarify that absentee 
voting is allowed, with a favorable report. 

H. B. 169 (Committee Substitute), a bill to provide an additional procedure by which the 
City of Winston-Salem may acquire property for public purposes by eminent domain, with 
a favorable report. 

H. B. 178, a bill to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Harnett County, with a favorable report. 



March 28, 1985 



132 / SENATE JOURNAL [Session 

H. B. 217, a bill to amend the Raleigh City Charter concerning zoning, with a favorable 
report. 

H. B.. 221, a bill to repeal the Charter of the Town of Shady Forest, with a favorable 
report. 

H. B. 224, a bill to amend the Charter of the Town of Cary concerning zoning regula- 
tions, with a favorable report. 

H. B. 233, a bill to revise and consolidate the Charter of the Town of Garysburg, with a 
favorable report. 

H. B. 235, a bill to provide that the Cabarrus County Board of Education shall be 
elected at the time of the primary, with a favorable report. 

S. B. 121, a bill to revise and consoUdate the Charter of the Town of Marietta and to 
repeal prior local acts, with a favorable report, as amended. 

S. B. 129, a bill to permit Craven County to construct and lease a natural gas line and 
participate in construction of an electrical power hne, with a favorable report, as 
amended. 

By Senator Barnes for the Judiciary I Committee: 

Senator Cobb rises to a point of order, stating that the meeting today of the Judiciary I 
Committee was improperly convened, the time and place of the meeting not having been 
announced in the Senate Chamber. The Chair fails to sustain the point of order and rules 
proper notice under the Senate rules is accomplished with the announcement carried on 
the Senate Calendar and directs the Clerk to read the report submitted. 

S. B. 53, a bill to grant veto power to the Governor, with an unfavorable report. 

By Senator Staton for the Judiciary II Committee: 

S. B. 106, a bill to authorize appeal of Personnel Commission decisions awarding 
attorney fees in grievance proceedings, with a favorable report. 

On motion of Senator Staton the bill is re-referred to the State Government Com- 
mittee. 

By Senator Kaplan for the Election Laws Committee: 

H. B. 91, a bill to provide for nomination of members of the State Board of Elections by 
the State political party chairmen, and concerning the term of office of the Executive 
Secretary-Director, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ward, Hunt of Moore, and Tally: 

S. B. 136, a bill to clarify the confidentiaUty of education records. 
Referred to Education Committee. 



March 28, 1985 



1985] SENATE JOURNAL 133 

By Senator Simpson: 

S. B. 137, a bill to protect from retaliation State employees who report government 
waste and abuse. 
Referred to Judiciary IV Committee. 

By Senators Barnes, Hunt of Moore, Johnson of Wake, Rauch, Tally, Warren, and 
Winner: 

S. B. 138, a bill to provide for the purchase of two-way radios and telephone answering 
equipment for the State parks and recreation areas. 
Referred to Appropriations Committee. 

By Senator Guy: 

S. B. 139, a bill to authorize the Department of Transportation to participate in the 
nonbetterment costs of adjustment or relocation of municipally owned utilities in existing 
State highway system rights-of-way on State highway system improvements let to 
contract. 

Referred to Transportation Committee. 

By Senators Barnes, Hunt of Moore, Rauch, Tally, Warren, and Winner: 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development. 
Referred to Natuaral and Economic Resources and Wildlife Committee. 

By Senators Parnell and Hunt of Moore: 

S. B. 141, a bill to continue unreduced service retirement benefits at age sixty with 
twenty-five years of service in the Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senators Thomas of Henderson, Hipps, and Thomas of Craven: 

S. B. 142, a bill to require counties and cities that grant cable television franchises to 
regulate service and rates. 

Referred to Judiciary III Committee. 

By Senators Marvin, Basnight, Hunt of Moore, Simpson, Taft, Tally, and Thomas of 
Craven: 

S. J. R. 143, a joint resolution approving the State plan for vocational education. 
Referred to Education Committee. 

By Senators Marvin, Hunt of Moore, Taft, Tally, and Warren: 

S. B. 144, a bill to retain vocational teachers ehminated by loss of federal funding. 
Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills' and resolutions, which are read the first time and disposed of as follows: 



March 28, 1985 



134 SENATE JOURNAL [Session 

H. B. 30, a bill to allow certain members of the armed forces who are on extended active 
duty a longer period of time in which to roll over gain on the sale of their principal 
residence. - 

Referred to Finance Committee. 

H. B. 49, a bill to allow spouses to share their annual gift tax exclusions only if both 
spouses are residents of North Carolina and to make consent to share annual exclusions 
irrevocable. 

Referred to Finance Committee. 

H. B. 50, a bill to eliminate the necessity of obtaining an inheritance tax waiver for 
securities declared and interest accruing after the decedent's death. 
Referred to Finance Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 85, a bill to incorporate the Town of Willow Creek in Davidson County, upon third 
reading. 

Having received a three-fifths affirmative majority vote, the bill passes its third 
reading by roll-call vote, ayes 40, noes 5, as follows: 

Votinginthe affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harrington, Harris, Hipps, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Pitt, Marvin, McDuffie, Parnell, 
Price, Rand, Rauch, Redman, Royall, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Thomas of Craven, Walker, Ward, Woodard, and Wright — 40. 

Voting in the negative: Senators Hunt of Durham, Martin of Guilford, Sawyer, Tally; 
and Watt— 5. 

The bill is ordered sent to the House of Representatives. 

S. B. 109, a bill to provide a sixth ward for the City of New Bern, and to provide that the 
mayor counts toward a quorum and towards the number of votes necessary to pass an 
ordinance, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Votinginthe affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Martin of Guilford, Marvin, McDuffie, 
Parnell, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 179, a bill to revise and consolidate the Charter of the Town of Columbus, upon 

third reading. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 

Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 

Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 



March 28, 1985 



1985] SENATE JOURNAL 135 

Martin of Pitt, Marvin, McDuffie, Parnell, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright^^9. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 88, a bill to amend the Constitution of North Carolina to provide that future 
Governors and Lieutenant Governors may not succeed themselves, and to make a con- 
forming change to the General Statutes, upon second reading. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

Having received a three-fifths affirmative majority vote, the bill, as amended, passes 
its second reading by roll-call vote, ayes 37, noes 11, as follows: 

The following pair is announced: Senator Plyler "aye;" Senator Marvin "no." 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, McDuffie, Parnell, Rand, Rauch, Royall, Smith, Soles, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, Winner, and Woodard — 37. 

Voting in the negative: Senators Cobb, Price, Redman, Sawyer, Shaw, Simpson, 
Somers, Taft, Thomas of Henderson, Walker, and Wright — 11. 

Without objection, the bill remains on the Calendar for further consideration upon third 
reading today. 

Having received a three-fifths affirmative majority vote, the bill, as amended, passes 
its third reading by roll-call vote, ayes 37, noes 11, as follows: 

The following pair is announced: Senator Plyler "aye;" Senator Marvin "no." 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, McDuffie, Parnell, Rand, Rauch, Royall, Smith, Soles, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, Winner, and Woodard — 37. 

Voting in the negative: Senators Cobb, Price, Redman, Sawyer, Shaw, Simpson, 
Somers, Taft, Thomas of Henderson, Walker, and Wright — 11. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 32 (Committee Substitute), a bill to permit enforcement of alimony judgments 
while on appeal. 

Senator Somers offers Amendment No. 1 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Winner to its third reading, the Committee Substitute bill 
remains on the Calendar for further consideration upon third reading. 

H. J. R. 10 (Committee Substitute), a joint resolution urging Congress and the Presi- 
dent to take action necessary to moderate the growth of textile and apparel imports. 

The Committee Substitute joint resolution passes its second (electronically recorded) 
and third readings and is ordered enrolled. 



March 28, 1985 



136 SENATE JOURNAL [Session 

H. B. 16, a bill making a technical correction to the revenue laws. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 75, a bill to make clear that the privilege license tax on persons engaged in the 
business of selling knives and other weapons does not apply to persons engaged in the 
business of selling slingshots. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. . , . 

H. B. 191, a bill to appoint persons to various pubHc offices upon the recommendation of 
the Speaker of the House of Representatives. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

REMOVE FROM TABLE 
S. B. 53 

Senator Cobb offers a motion, seconded by Senator Kincaid, that S. B. 53, a bill to grant 
veto power to the Governor, placed upon the table by an unfavorable Committee report, 
be removed and placed before the Senate for immediate consideration. 

Senator Soles, seconded by Senator Harris, offers a motion that the motion of Senator 
Cobb do lie upon the table. Senator Cobb calls for the "ayes" and "noes" on the motion of 
Senator Soles. The call is sustained. 

The motion of Senator Soles that the motion of Senator Cobb do He upon the table 
prevails by roll-call vote, ayes 36, noes 13, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of Wake, Jordan, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Price, Rand, Rauch, Royall, 
Soles, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Winner, and Woodard — 36. 

Voting in the negative: Senators Ballenger, Cobb, Hunt of Moore, Johnson of Cabarrus, 
Kincaid, McDuffie, Redman, Sawyer, Shaw, Simpson, Smith, Somers, and Wright — 13. 

The motion to remove the bill from the table lies upon the table. 

On motion of Senator Harrington, seconded by Senator Redman, the Senate adjourns 
to meet tomorrow, Friday, March 29, at 10:00 A.M. 



THIRTY-NINTH DAY 



Senate Chamber, 
Friday, March 29, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Bishop C. P. Minnick, Jr. , Resident Bishop of The United Method- 
ist Church, Raleigh, as follows: 



March 29, 1985 



1985] SENATE JOURNAL 137 

"0 Lord, our Lord, how majestic is Your name in all the earth! When I consider Your 
heavens, the work of Your hands, the moon and the stars which You have made, who are 
we that You should be mindful of us? Yet, in so many ways You do show to us daily that 
You care about us. We thank You for Your love that never lets us go. 

"Grant to us in this moment the assurance of Your guiding presence in our hves and in 
our work. 

"Bless, God, in a very special way, these persons who have been elected to serve the 
people of this State in this legislative body. 

"Give to them wisdom as they deal with difficult decisions. 

"Make them patient and kind in their deaUngs with each other. 

"Deepen their commitment to honesty, truth, and justice. 

"Keep them open every moment to the guidance of Your Spirit. 

"Make them equal to their responsibilities. 

"0 Lord, our Lord, how majestic is Your name in all the earth! Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Wright, who is touring State 
facilities with the Governor in his home district, and to Senator McDuffie for today. 

Leaves of absence granted previously to Senators Plyler, Ballenger, Kincaid, Conder, 
and Parnell are noted. 

RECALL FROM ENROLLING 

H. J. R. 10 (Committee Substitute), a joint resoluton urging Congress and the Presi- 
dent to take action necessary to moderate the growth of textile and apparel imports. 

Senator Speed offers a motion that the Committee Substitute joint resolution be 
recalled from the Enrolling Office for further consideration, which motion prevails. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 36, an act to require draft registration of certain miUtary dependents for scholar- 
ship and in-state tuition purposes. (Ch. 39) 

S. B. 92, an act to abolish the Office of Coroner in Rowan County. (Ch. 40) 

S. B. 94, an act to allow the Monroe City Board of Education to pay its ten-month 
employees on or before the sixteenth of each month. (Ch. 41) 

S. B. 100, an act to appoint persons to the North Carolina Hazardous Waste Treatment 
Commission upon the recommendation of the President of the Senate. (Ch. 42) 



March 29, 1985 



138 SENATE JOURNAL [Session 

H. B. 191, an act to appoint persons to various public offices upon the recommendation 
of the Speaker of the House of Representatives. (Ch. 43) 

H. B. 16, an act making a technical correction to the revenue laws. (Ch. 44) 

H. B. 75, an act to make clear that the privilege license tax on persons engaged in the 
business of selling knives and other weapons does not apply to persons engaged in the 
business of selling shngshots. (Ch. 45) 

H. B. 179, an act to revise and consolidate the Charter of the Town of Columbus. 
(Ch. 46) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Winner for the Education Committee: 

S. B. 68, a bill to govern the estabUshment, maintenance, and implementation of a 
comprehensive basic education program, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, April 2. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Rauch, Royall, and Smith: 

S. B. 145, a bill to repeal the State gift tax. 

Referred to Finance Committee. :, 

By Senator Ezzell: 

S. B. 146, a bill to increase the Confederate widows' pension. 
Referred to Pensions and Retirement Committee. 

By Senators Barnes and Winner: 

S. B. 147, a bill to provide for the voluntary registration and dedication of natural areas. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Redman, Ballenger, Cobb, Johnson of Cabarrus, Kincaid, McDuffie, 
Sawyer, Shaw, Simpson, Smith, Somers, and Wright: 

S. B. 148, a bill to enact "The Tax Rehef Act of 1985". 
Referred to Finance Committee. 

By Senators Ward, Rauch, and Warren: 



March 29, 1985 



1985] SENATE JOURNAL 139 

S. B. 149, a bill to allow a personal income tax exemption for certain types of spina 
bifida. 

Referred to Finance Committee. 

By Senator Rauch: 

S. B. 150, a bill to increase the certified public accountant examination fee. 
Referred to Finance Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 151, a bill to put Swain County under the statewide fox hunting law. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 152, a bill to appropriate funds for capital improvements at the Western North 
Carolina Agricultural Center. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 153, a bill to appropriate funds to the Brevard Music Center for capital im- 
provements. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson, Hipps, Rand, Rauch, Royall, Thomas of Craven, 
and Warren: 

S. B. 154, a bill to amend the Constitution to allow a county to exempt property held by a 
business as part of its inventory from property tax or reduce the amount of property tax. 
Referred to Finance Committee. 

By Senator Ballenger: 

S. B. 155, a bill to amend the law estabUshing a supplemental retirement fund for 
firemen in the City of Hickory. 

Referred to Pensions and Retirement Committee. 

By Senator Johnson of Wake: 

S. B. 156, a bill to amend Chapters 24 and 45 to provide for equity lines of credit. 
Referred to Commerce Committee. 

By Senators Hardison, Barnes, Conder, Guy, Harris, Hunt of Moore, Kaplan, Martin of 
Pitt, Marvin, Rand, Rauch, Royall, Smith, Staton, Swain, Taft, Tally, Thomas of Hender- 
son, Ward, and Warren: 

S. B. 157, a bill to appropriate additional funds to the Aid to Public Libraries Fund. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 158, a bill to appropriate funds to improve marketing of North CaroUna grapes. 
Referred to Appropriations Committee. 

By Senator Hardison: 



March 29, 1985 



140 SENATE JOURNAL [Session 

S. B. 159, a bill to establish a minimum weekly compensation for certain volunteer 
workers under the Workers' Compensation Act. 
Referred to Manufacturing and Labor Committee. 

By Senators Hardison and Rauch: 

S. B. 160, a bill to clarify the governing bodies required to provide annual certification of 
firemen eligible for membership in the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund. 

Referred to Pensions and Retirement Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 182 (Committee Substitute), a bill to provide a fair procedure in partition sales. 
Referred to Judiciary I Committee. 

H. B. 239, a bill to permit certain nonstudents to ride on school buses in Hyde County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 241, a bill to approve the private sale of real property by the Albemarle City 
School Administrative Unit. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 249, a bill to provide that temporary vehicle registration plates or markers are 
effective for a maximum of thirty days instead of twenty days. 
Referred to Transportation Committee. 

H. B. 252, a bill to permit the sale of products produced by inmates to pubUc institutions 
outside the State of North Carolina. 
Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 121, a bill to revise and consolidate the Charter of the Town of Marietta and to 
repeal prior local acts, upon second reading. 

Senator Harrington moves the adoption of Committee Amendment No. 1. 

On motion of Senator Harrington, consideration of the bill, with Committee Amend- 
ment No. 1 pending, is postponed until Monday, April 1. 

H. B. 233, a bill to revise and consolidate the Charter of the Town of Garysburg, upon 
second reading. 
The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Martin of Guilford, Martin of Pitt, Marvin, Price, Rand, Rauch, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Woodard— 39. 



March 29, 1985 



1985] SENATE JOURNAL 141 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 118, a bill to amend the Charter of the Town of Rhodhiss to provide for a four-year 
term for the mayor and staggered four-year terms for the board of commissioners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 129, a bill to permit Craven County to construct and lease a natural gas line and 
participate in construction of an electrical power line. 

On motion of Senator Thomas of Craven, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 132, a bill to repeal the limitation on the number of members of a political party 
who may serve on the Asheboro City Board of Education, and to clarify that absentee 
voting is allowed. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 169 (Committee Substitute), a bill to provide an additional procedure by which the 
City of Winston-Salem may acquire property for pubUc purposes by eminent domain. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 178, a bill to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Harnett County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 217, a bill to amend the Raleigh City Charter concerning zoning. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 221, a bill to repeal the Charter of the Town of Shady Forest. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 224, a bill to amend the Charter of the Town of Cary concerning zoning regula- 
tions. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 235, a bill to provide that the Cabarrus County Board of Education shall be 
elected at the time of the primary. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 32 (Committee Substitute), a bill to permit enforcement of alimony judgments 
while on appeal, upon third reading. 

Senator Rand offers Amendment No. 2 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and sent to the House of Representatives. 



March 29, 1985 



142 SENATE JOURNAL [Session 

S. B. 95 (Committee Substitute), a bill to permit left turns on red in certain situations. 
On motion of Senator Harris, consideration of the Committee Substitute bill is post- 
poned until Tuesday, April 2. 

H. B. 91, a bill to provide for nomination of members of the State Board of Elections by 
the State political party chairmen, and concerning the term of office of the Executive 
Secretary-Director. 

On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 

Senator Redman offers Amendment No. 2. Senator Kaplan, seconded by Senator Rand, 
offers a motion that the Amendment No. 2 do lie upon the table, which motion prevails 
(electronically recorded), and Amendment No. 2 Ues upon the table. 

Senator Redman offers Amendment No. 3, amending Amendment No. 1. Senator 
Kaplan, seconded by Senator Royall, offers a motion that Amendment No. 3 do lie upon 
the table, which motion prevails (electronically recorded), and Amendment No. 3 Hes 
upon the table. 

Senator Simpson offers Amendment No. 4. Senator Kaplan, seconded by Senator 
Royall, offers a motion that Amendment No. 4 do He upon the table, which motion prevails 
(electronically recorded), and Amendment No. 4 lies upon the table. 

Senator Kaplan calls the previous question, seconded by Senator Royall. The call is 
sustained (electronically recorded). The bill, as amended, passes its second reading 
(electronically recorded). 

On objection of Senator Redman to its third reading, the bill, as amended, remains on 
the Calendar for further consideration upon third reading. 

H. B. 246, a bill to clarify the Employment Security Law to assure comphance with 
federal law regarding the employees of educational service agencies. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 247, a bill to amend the Employment Security Law to encourage employer 
participation in adult cooperative education. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. , , ., j 

RECOMMITTAL 

S. B. 95 (Committee Substitute), a bill to permit left turns on red in certain situations. 

Senator Warren offers a motion that the Committee Substitute bill be taken from the 
Calendar for Tuesday, April 2, and recommitted to the Transportation Committee, 
which motion prevails. 

RECONSIDERATION 

H. J. R. 10 (Committee Substitute), a joint resolution urging Congress and the Presi- 
dent to take action necessary to moderate the growth of textile and apparel imports. 

Senator Speed offers a motion that the vote by which the Committee Substitute joint 
resolution passes its third reading be reconsidered, which motion prevails. Senator Speed 
offers Amendment No. 1, which is adopted (electronically recorded). 

The Committee Substitute joint resolution, as amended, passes its third reading and is 
ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 



March 29, 1985 



1985] SENATE JOURNAL 143 

On motion of Senator Harrington, seconded by Senator Shaw, the Senate adjourns to 
meet Monday, April 1, at 8:00 P.M. 



FORTIETH DAY 



Senate Chamber, 
~^ Monday, April 1, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend C. Vernon Tyson, Edenton Street United Methodist 
Church, Raleigh, as follows: 

"Our Heavenly Father, behind every good and perfect gift, we see Your hand of grace; 
and for life on this lovely spring day we are grateful; for the full flower that we see, the 
promise of all around us, and the world being made new. 

"Forbid, Lord, that the world on the outside would be refreshed and renewed and we 
would be our same old selves. Therefore, give us fresh and new thoughts and refresh the 
love of our heart and help us to know Your Mind and Your Spirit. 

"We are grateful for those persons whose trust has enabled us to serve them and the 
noble purposes of our good State; and now grant in this time that we may know those 
things worth knowing, love those things worth loving, and praise and promote those 
things which please Thee most. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Cobb to attend a State Ports 
Authority function in Charlotte and to Senator Ballenger for an indefinite period due to 
medical reasons. Senator Cobb is noted present for a portion of tonight's Session. 

The President extends courtesies of the floor to Jack Rhyne, former Senator from 
Gaston County. 

The President extends courtesies of the gallery to Mrs. Alma Street Jenkins of Selma, 
1985 Mother of the Year for North Carolina. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 169 (Committee Substitute), an act to provide an additional procedure by which 
the City of Winston-Salem may acquire property for public purposes by eminent domain. 
(Ch. 47) 



April 1, 1985 



144 SENATE JOURNAL [Session 

H. B. 178, an act to permit persons to engage in business as pawnbrokers in un- 
incorporated areas of Harnett County. (Ch. 48) 

H. B. 217, an act to amend the Raleigh City Charter concerning zoning. (Ch. 49) 

H. B. 221, an act to repeal the Charter of the Town of Shady Forest. (Ch. 50) 

H. B. 224, an act to amend the Charter of the Town of Cary concerning zoning 
regulations. (Ch. 51) 

H. B. 235, an act to provide that the Cabarrus County Board of Education shall be 
elected at the time of the primary. (Ch. 52) j 

H. B. 246, an act to clarify the Employment Security Law to assure compUance with 
federal law regarding the employees of educational service agencies. (Ch. 53) 

S. B. 105, an act to amend Chapter 20 to grandfather truck weight limitations for 
packaged fertilizer and agriculture lime. (Ch. 54) 

H. J. R. 10 (Committee Substitute), a joint resolution urging Congress and the Presi- 
dent to take action necessary to moderate the growth of textile and apparel imports. 
(Res. 4) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Marvin, Harris, and Rauch: 

S. B. 161, a bill to change the manner of election of the Lincoln County Board of 
Education from partisan to nonpartisan plurality election, and to provide for election of 
residence district instead of nomination by voting district and election by residence 
district. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Wake: ~ 

S. B. 162, a bill to amend the Workers' Compensation Act with respect to county 
agricultural extension service employees. 

Referred to Manufacturing and Labor Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 163, a bill to increase the membership of the Asheboro Airport Authority. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hardison: 

S. B. 164, a bill to provide an income tax credit for distributing wine made principally 
from North Carolina grapes. 

Referred to Finance Committee. 

By Senators Hipps and Redman: 



April 1, 1985 



1985] SENATE JOURNAL 145 

S. B. 165, a bill to authorize electronic transmission or recording of the testimony of 
children in cases of physical or sexual abuse of children. 
Referred to Judiciary I Committee. 

By Senator Hipps: 

S. B. 166, a bill to appropriate funds to establish the Families and Schools Together 
(FAST) Program and to combat the youth drug problem in North Carolina. 
Referred to Appropriations Committee. 

By Senator Hipps: 

S. B. 167, a bill to implement the Missing Children Act of 1985. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine. 
Referred to Judiciary III Committee. 

H. B. 151 (Committee Substitute), a bill to treat adopted and natural persons alike for 
purposes of grants and devises. 
Referred to Judiciary II Committee. 

H. B. 200, a bill to regulate hunting with rifles in certain townships of Moore County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 201, a bill to regulate the shining of Ughts in deer areas in Moore County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 231, a bill to permit the taking of foxes in Hoke and Robeson Counties. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 258, a bill to provide for the continuation of the Utility Review Committee as the 
Joint Legislative Utility Review Committee. 
Referred to Commerce Committee. 

H. B. 250, a bill to verify the boundaries of the Town of King. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 278, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Madison. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 233, a bill to revise and consolidate the Charter of the Town of Garysburg, upon 
third reading. 
The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 



April 1, 1985 



146 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Somers, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Winner, Woodard, and Wright — 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S. B. 121, a bill to revise and consolidate the Charter of the Town of Marietta and to 
repeal prior local acts, upon second reading with pending Committee Amendment No. 1. 

On motion of Senator Parnell, the Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Har- 
rington, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Cabarrus, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 45. , . ^ 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 91, a bill to provide for nomination of members of the State Board of Elections by 
the State political party chairmen, and concerning the term of office of the Executive 
Secretary-Director, as amended, upon third reading. 

Senator Somers offers Amendment No. 5 which fails of adoption (electronically re- 
corded). 

Senator Redman rises to speak on the bill. Senator Royall rises to a point of order, 
stating that Senator Redman is not discussing the bill. The Chair rules that remarks 
should address the bill. Senator Kaplan calls the previous question, seconded by Senator 
Rauch. The call is sustained (electronically recorded). ' 

The bill, as amended, passes its third reading (electronically recorded). 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

Senator Kincaid rises to a point of personal privilege. Senator Royall rises to a point of 
order, stating that Senator Kincaid is not allowed under the Rules of the Senate to explain 
a vote while rising to a point of personal privilege. The Chair sustains the point of order. 

The President recognizes the following pages serving in the Senate this week: Thomas 
E. Beaman, Jr., Wilson; Michael Lynn Best, Mt. OUve; T. Keith Boan, Statesville; Tonya 
Boykin, Raleigh; Nancy Brooks, Raleigh; Carrie Burgin, Asheville; Monica Chavis, 
Clinton; LuAnne Cole, Fayetteville; Raymond Dean Evans, Asheville; Joseph Thomas 
Goswick, FrankUnton; Paul Phillips Hoffman, Raleigh; Wendy Kelly, Fayetteville; Mela- 
nie Nantz, Harmony; Phaedra Ann Neely, Raleigh; John J. Noonan HI, Statesville; 
Jonathan Hutchison Owen, Wilmington; John D. Ward, Wilmington; and Lisa Wood, 
Holly Springs. 

On motion of Senator Harrington, seconded by Senator Cobb, the Senate adjourns to 
meet tomorrow, Tuesday, April 2, at 1:30 P.M. 



April 1, 1985 



1985] SENATE JOURNAL 147 

FORTY-FIRST DAY 

Senate Chamber, 
Tuesday, April 2, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B, Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Claude Godwin, Executive Secretary, Presbyterian 
Synod, Raleigh, and former Chaplain of the Senate, as follows: 

"0 God of compassion and peace: You created us for Ufe together in this. Your world; but 
we confess we have not yet learned to live together in harmony. We pray today for all of us 
who live under the shadow of fear; the shadow of war; the shadow of hostility. We are 
black and white; we are Jew and Arab; we are Contra and Sandanista; we are Protestant 
and Catholic; we are capitaUsts and communists; we are Republican and Democrat. Help 
us to remember and to celebrate not that which keeps us apart, but to remember and 
rejoice in our common humanity. Especially empower our leaders, the women and the 
men of this Senate, to show us the way to mutual trust, to esteem and affection, that we 
may learn how to live on this planet in hope rather than in fear. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 202, an act to provide that in certain circumstances vacancies in the Board of 
Education of Watauga County be filled only until the next general election. (Ch. 55) 

H. B. 233, an act to revise and consolidate the Charter of the Town of Garysburg. 
(Ch. 56) 

H. B. 247, an act to amend the Employment Security Law to encourage employer 
participation in adult cooperative education. (Ch. 57) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Martin of Guilford for the Higher Education Committee: 

H. B. 158 (Committee Substitute), a bill to regulate terms of trustees of institutions of 
the community college system, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 



April 2, 1985 



148 SENATE JOURNAL [Session 

S. B. 72, a bill to provide for assistant counsel to represent indigents in capital cases, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Harris, Guy, and Plyler: 

S. B. 168, a bill to promote the safe placement of subsurface installations in North 
Carohna. 
Referred to Commerce Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 130, a bill to allow modification of a child custody or support order in a different 
county. 
Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 121, a bill to revise and consolidate the Charter of the Town of Marietta and to 
repeal prior local acts, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
Pamell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 68 (Committee Substitute), a bill to govern the establishment, maintenance, and 
implementation of a comprehensive basic education program. 

On motion of Senator Winner, the rules are suspended to the end that Dr. Howard 
Maniloff, Department of PubUc Instruction, is extended courtesies of the floor. Senator 
Kincaid offers a motion that the Committee Substitute bill be removed from the Calendar 
for today and placed on the Calendar for Tuesday, April 9. Senator Royall, Chairman of 
the Ways and Means Committee requests a fiscal note under Rule 42.1, 



April 2, 1985 



1985] SENATE JOURNAL 149 

The Chair orders the Committee Substitute bill placed on the Calendar for Thursday, 
April 4, for receipt of the fiscal note. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Staton for the Judiciary II Committee: 

H. B. 160, a bill repealing the authority of ABC stores to sell native unfortified wine, 
with a favorable report. 

On motion of Senator Harrington, seconded by Senator Shaw, the Senate adjourns to 
meet tomorrow, Wednesday, April 3, at 1:30 P.M. 



FORTY-SECOND DAY 



Senate Chamber, 
Wednesday, April 3, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Elton Hendricks, President, Methodist College, Fayetteville, 
as follows: 

"Our lives, Lord, our times, and the offices we hold are but trust from Thee. We play 
our scene upon this stage and we are gone. 

"But the good that we do hves after us, blessing our children and our children's children. 

"Grant, Lord, to Your servants, the Senators of North Carolina, wisdom and courage 
that in their time upon this stage that they might be instruments of justice and peace and 
prosperity and love for all of Your people. 

"We make our prayer in the name of Jesus. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: 



April 3, 1985 



150 SENATE JOURNAL [Session 

S. B. 123, a bill to continue the North CaroUna Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board, with a 
favorable report. 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 134, a bill to amend G. S. 159-90 of the State and Local Government Revenue Bond 
Act and G. S. 159-163 relating to revenue bond anticipation notes, with a favorable report. 

By Senator Guy for the State Government Committee: 

S. B. 112, a bill abolishing the advisory board of the North Carolina School of the Arts, 
with a favorable report. 

S. B. 131, a bill to grant scholarship benefits for children of Medal of Honor recipients 
under the scholarships for children of war veterans program, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Woodard, McDuffie, Sawyer, Swain, and Wright: 

S. B. 169, a bill to appropriate funds to be used to construct a new infirmary at North 
Carolina Correctional Center for Women. 
Referred to Appropriations Committee. 

By Senators Staton and Johnson of Wake: 

S. B. 170, a bill to amend Chapter 97 of the General Statutes pertaining to salaries of 
commissioners. 
Referred to Manufacturing and Labor Committee. 

By Senators Staton, Johnson of Wake, and Winner: 

S. B. 171, a bill pertaining to salaries of deputy commissioners of the Industrial 
Commission. 
Referred to Manufacturing and Labor Committee. 

By Senators Barnes and Winner: 

S. B. 172, a bill to create a commission on State parks and recreation areas. . : 
Referred to State Government Committee. 

By Senators Guy and Wright: 

S. B. 173, a bill to amend G. S. 54B-14 concerning examination of certificates of 
incorporation of savings and loan associations by the Secretary of State. 
Referred to Commerce Committee. 

By Senators Guy and Wright: 

S. B. 174, a bill to amend G. S. 54B-147 concerning the fee which may be charged for 
returned checks by savings and loan associations. 
Referred to Commerce Committee. 



April 3, 1985 



1985] SENATE JOURNAL 151 

By Senator Guy: 

S. B. 175, a bill to amend G. S. Chapter 115C to permit local school administrative units 
to deposit funds in savings and loan associations and to designate savings and loan 
associations as official depositories. 

Referred to Commerce Committee. 

By Senators Conder, Barnes, Goldston, Hipps, Hunt of Moore, Martin of Pitt, McDuf- 
fie, Plyler, Rand, Rauch, Shaw, Smith, Taft, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, and Warren: 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 
development activities. 
, Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 135, a bill to allow members of the Consohdated Judicial Retirement System to 
transfer member contributions in the Teachers' and State Employees' and Local Gov- 
ernmental Employees' Retirement Systems to the Supplemental Retirement Income 
Plan. 

Referred to Pensions and Retirement Committee. 

H. B. 242, a bill to provide for an increased minimum wage if the federal minimum wage 
increases. 

Referred to Manufacturing and Labor Committee. 

H. B. 260, a bill to repeal Chapter 318 of the 1967 Session Laws and bring Dare County 
under the General Statutes governing alcoholic beverage control concerning enforce- 
ment. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 158 (Committee Substitute), a bill to regulate terms of trustees of institutions of 
the community college system. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 160, a bill repealing the authority of ABC stores to sell native unfortified wine. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



April 3, 1985 



152 SENATE JOURNAL [Session 

H. B. 88 House of Representatives 

April 3, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to H. B. No. 88, A BILL TO BE 
ENTITLED AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA 
TO PROVIDE THAT FUTURE GOVERNORS AND LIEUTENANT GOVERNORS 
MAY NOT SUCCEED THEMSELVES, AND TO MAKE A CONFORMING CHANGE 
IN THE GENERAL STATUTES, and request conferees. The Speaker has appointed 
Representatives Dennis Wicker, Martin Nesbitt, and Edward Warren on the part of the 
House to confer with a like committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Royall moves that the President appoint conferees, which motion prevails. The 
President appoints Senators Royall, Soles, and Rand as conferees on the part of the 
Senate to resolve the differences arising between the two Bodies and a message is ordered 
sent to the House of Representatives informing that Honorable Body of such action. 

CONFERENCE REPORT 

H. B. 88 

Senator Royall, for the Conferees appointed to consider the differences arising between 
the Senate and House of Representatives upon H. B. 88, a bill to amend the Constitution 
of North Carolina to provide that future governors and lieutenant governors may not 
succeed themselves, and to make a conforming change in the General Statutes, submits 
the following report: 

To the President of the Senate and 
the Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on House Bill 88, Second Edition engrossed, A BILL 
TO BE ENTITLED AN ACT TO AMEND THE CONSTITUTION OF NORTH CARO- 
LINA TO PROVIDE THAT FUTURE GOVERNORS AND LIEUTENANT GOV- 
ERNORS MAY NOT SUCCEED THEMSELVES, AND TO MAKE A CONFORMING 
CHANGE TO THE GENERAL STATUTES, wish to report as follows: 

The House concurs in Senate Amendment #1 with an amendment on page 2, lines 10 
and 12, delete the words "statement beginning" both places those words appear, and 
substituting in both places "word", and on page 2, lines 8 and 11, changing the word 
"amendments" to "amendment". 

And the Senate concurs in the same. 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 



April 3, 1985 



1985] SENATE JOURNAL 153 

This the 3rd day of April, 1985. 

Kenneth C. Royall, Jr. Dennis A. Wicker 

Anthony E. Rand Martin L. Nesbitt 

R. C. Soles, Jr. Edward N. Warren 

Conferees for the Senate Conferees for the 

House of Representatives 

On motion of Senator Royall, the Conference Report is adopted and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

On motion of Senator Harrington, seconded by Senator Smith, the Senate adjourns to 
meet tomorrow, Thursday, April 4, at 1:30 P.M. 



FORTY-THIRD DAY 



- ^ Senate Chamber, 

Thursday, April 4, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Michael W. Safley, Associate Director, Conference 
Council on Ministries, North Carolina Conference of the United Methodist Church, 
Raleigh, as follows: 

"Let us pray: 

"0 Lord, we come into Your midst in the hohest season of the Christian faith. During 
this week we: 

— celebrate Your triumphant entry into Jerusalem 

— remember Your depth of caring demonstrated at The Last Supper when You washed 

the feet of Your disciples 

— agonize over Your death upon the cross. 

Then out of the darkness of Thursday and Friday comes the bright sunshine on Sunday 
with the resurrection and Your victory over evil and death. Lord, allow us not to become 
so busy in this Holy season that we forget the significance of Your life and death. 

"Lord, through Your Holy Spirit enable us as Your servants and as servants of our 
constituents and State of North CaroHna to exemplify in our lives the virtues You gave us. 

"Help us to be advocates and instruments of equality. 
"Help us to be advocates and instruments of justice. 
"Help us to be advocates and instruments of mercy and forgiveness. 
"Help us to be advocates and instruments of honesty and fairness. 
"Help us to be advocates and instruments of patience. 
"Help us to be advocates and instruments of peace. 

"Help us to be advocates and instruments of love, which binds all things together in 
perfect harmony. 



April 4, 1985 



154 SENATE JOURNAL [Session 

"Lord, enable us to remember that as advocates and instruments of Your virtues we are 
neither male nor female, slave nor free, rich nor poor. Republican nor Democrat, con- 
servative nor liberal, but one together working for the common good of all persons. 

"Open our cold hearts and closed minds so that Your Spirit of love can transcend all 
divisions and bind us as one. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 158 (Committee Substitute), an act to regulate terms of trustees of institutions of 
the community college system. (Ch. 58) 

H. B. 160, an act repealing the authority of ABC stores to sell native unfortified wine. 
(Ch. 59) 

S. B. 59 (Committee Substitute), an act to amend the statutes relating to the election of 
councilors to the North Carolina State Bar in order to provide for uniform rules and terms 
of office. (Ch. 60) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

S. B. 124, a bill to put Buncombe County under the statewide fox hunting law, with a 
favorable report. 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development, with a favorable 
report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 151 (Committee Substitute), a bill to treat adopted and natural persons alike for 
purposes of grants and devises, with a favorable report. 

H. B. 226, a bill to validate certain conveyances where seals were omitted, with a 
favorable report. 

H. B. 227, a bill to validate certain acts of notaries, with a favorable report. 

By Senator Warren for the Transportation Committee: 



April 4, 1985 



1985] SENATE JOURNAL 155 

S. B. 120, a bill to authorize the Department of Transportation to enter into reciprocal 
inspection agreements with other states and the Federal Highway Administration for 
highway supplies and materials, with a favorable report. 

H. B. 76, a bill to require vehicle headhghts to be illuminated from sunset to sunrise, 
with a favorable report. 

S. B. 37, a bill to increase the fees for the equipment inspection of motor vehicles, with a 
favorable report, as amended. 

On motion of Senator Warren, the rules are suspended and the bill is placed before the 
Senate for immediate consideration and on his further motion Committee Amendment 
No. 1 is adopted. 

On motion of Senator Warren, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

By Senator Swain for the Judiciary III Committee: 

H. B. 163, a bill regarding liquor prices, with a favorable report. 

H. B. 164, a bill to redefine unfortified wine in the ABC law, with a favorable report. 

H. B. 161, a bill authorizing retail businesses to obtain an ABC permit to sell unfortified 
wine for off-premises consumption, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Staton: 

S. B. 177, a bill to appropriate funds to the Department of Agriculture for a science 
education center of the North Carolina Museum of Natural History. 
Referred to Appropriations Committee. 

By Senator Staton: 

S. B. 178, a bill to appropriate funds to bring the program of the North Carolina State 
Museum of Natural History to American Association of Museums accreditation stan- 
dards. 

Referred to Appropriations Committee. 

By Senators Wright and Harris: 

S. B. 179, a bill to prohibit the Board of Mortuary Science from issuing special permits 
or courtesy cards to nonresident funeral directors, embalmers, and funeral service 
licensees from states that do not reciprocate. 

Referred to Human Resources Committee. 

By Senators Rand, Barnes, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Kaplan, Martin of Guilford, Marvin, 
Parnell, Plyler, Rauch, Royall, Soles, Staton, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Ward, Warren, and Winner: 



April 4, 1985 



156 SENATE JOURNAL [Session 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 
political parties to regulate the nomination of President and Vice President of the United 
States. 

Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, Conder, Ezzell, Goldston, Guy, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, Martin of Pitt, 
Martin of Guilford, Marvin, Pamell, Plyler, Price, Rauch, Royall, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Winner, and Woodard: 

S. B. 181, a bill to exempt from inheritance tax certain agricultural land, horticultural 
land, and forestland classified for ad valorem taxation at present-use value. 
Referred to Agriculture Committee. 

By Senators Rand, Conder, Hipps, Martin of Guilford, Plyler, and Taft: 

S. B. 182, a bill to expand the membership of the Joint Legislative Commission on 
Governmental Operations. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Thomas of Henderson, Hipps, Hunt of Moore, Plyler, Rand, Thomas of 
Craven, Warren, and Woodard: 

S. B. 183, a bill to classify farm machinery and exclude it from inventory tax. 
Referred to Agriculture Committee. 

By Senators Thomas of Henderson, Hipps, Hunt of Moore, Smith, Thomas of Craven, 
Warren, and Woodard: 

S. B. 184, a bill to exempt gifts from one spouse to the other from gift tax. 
Referred to Finance Committee. 

Senator Rand, seconded by Senator Tally, offers a motion to suspend the rules to the 
end that a resolution honoring Fayetteville as an All- American City may be presented to 
the Senate, which motion prevails. 

The Chair orders Senator Tally to file the joint resolution. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 134 (Committee Substitute), a bill to authorize individual and consumer finance 
lenders to charge up to sixteen percent interest on small loans. 
Referred to Commerce Committee. 

H. B. 175, a bill to estabhsh a supplemental pension fund for firemen in the Town of 
Wilkesboro. 

Referred to Pensions and Retirement Committee. 

H. B. 253 (Committee Substitute), a bill to make technical changes in the law regarding 
the correctional system. 
Referred to Judiciary I Committee. 



April 4, 1985 



1985] SENATE JOURNAL 157 

H. B. 271, a bill to give local school boards flexibility as to where they maintain student 
records. 

Referred to Education Committee. 

H. B. 277, a bill to increase the requirements for pesticide apphcator licenses for pilots. 
Referred to Agriculture Committee. 

H. B. 283, a bill to prohibit unsafe movements in public vehicular areas. 
Referred to Judiciary II Committee. 

H. B. 12, a bill regarding a certificate of resale. 
Referred to Judiciary III Committee. 

H. B. 194 (Committee Substitute), a bill to require the certification of adult day care 
program. 

Referred to Senior Citizens Committee. 

CONFERENCE REPORT 

H. B. 88, a bill to establish a Water Well and Pump Contractors' Licensing Board. 

Senator Royall offers a motion that the vote by which the Conference Report was 
adopted yesterday be retaken by roll-call vote to be in compliance with the Senate Rules 
and the North Carolina Constitution, which motion prevails without objection. 

The Conference Report is adopted by roll-call vote, ayes 41, noes 4, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Royall, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, 
Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, 
and Woodard — 41. 

Voting in the negative: Senators Cobb, Redman, Sawyer, and Wright — 4. 

Having received a three-fifths affirmative majority vote, a message is ordered sent to 
the House of Representatives informing that Honorable Body of such action. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 134, a bill to amend G. S. 159-90 of the State and Local Government Revenue Bond 
Act and G. S. 159-163 relating to revenue bond anticipation notes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt ofMoore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 



April 4, 1985 



158 SENATE JOURNAL [Session 

S. B. 68 (Committee Substitute), a bill to govern the establishment, maintenance, and 
implementation of a comprehensive basic education program. 

On motion of Senator Winner, the rules are suspended to the end that Dr. Howard 
Maniloff, of the North Carolina Department of Public Instruction, is extended the courte- 
sies of the floor. 

Senator Jordan offers Amendment No. 1, changing the title to read S. B. 68 (Committee 
Substitute), a bill authorizing the Legislative Research Commission to study a bill 
governing the estabUshment, maintenance, and implementation of a comprehensive basic 
education program. Senator Winner, seconded by Senator Hipps, offers a motion that 
Amendment No. 1 do lie upon the table, which motion prevails (electronically recorded). 
Amendment No. 1 lies upon the table. 

Senator Winner offers Amendment No. 2 which is adopted (electronically recorded). 

Senator Winner calls the previous question, seconded by Senator Harris. The call is 
sustained (electronically recorded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

Senator Cobb objects to the third reading. The Committee Substitute bill, as amended, 
remains upon the Calendar for further consideration upon third reading. 

S. B. 112, a bill abolishing the advisory board of the North Carolina School of the Arts. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 123, a bill to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 131, a bill to grant scholarship benefits for children of Medal of Honor recipients 
under the scholarships for children of war veterans program. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 88 House of Representatives 

April 4, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House has adopted the report of the Conferees on H. B. 88, A BILL TO BE ENTITLED 
AN ACT TO AMEND THE CONSTITUTION OF NORTH CAROLINA TO PROVIDE 
THAT FUTURE GOVERNORS AND LIEUTENANT GOVERNORS MAY NOT 
SUCCEED THEMSELVES, AND TO MAKE A COMFORMING CHANGE IN THE 
GENERAL STATUTES, to the end that when a similar action has been taken on the part 
of the Senate, we will order the bill enrolled. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 



April 4, 1985 



1985] SENATE JOURNAL 159 

On motion of Senator Harrington, seconded by Senator Woodard, the Senate adjourns 
to meet tomorrow, Friday, April 5, at 10:00 A.M. 



FORTY-FOURTH DAY 



Senate Chamber, 
Friday, April 5, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of justice, as we recall the first Good Friday, we confess that our sins are such as 
sent Jesus to the cross. 

"Like the Chief Priests and Sadducees, we have often sought to do away with those 
whose religious or political views differed from our own. 

"Like the crowd, we have often been ruled by mob psychology instead of reason; and we 
have often allowed innocent persons to suffer in order that our friends might go free. 

"Like Pontius Pilate, we have often sought to wash our hands of politically sensitive 
issues, for fear the crowd might turn against us, rather than take the stand that we know 
we ought to take. 

"0 God of mercy, forgive us for these and all other sins; and give us the courage to stand 
up for love, truth, and justice. 

"0 God of power, as we recall that first Passover long ago in Egypt, we rejoice to know 
that always You have been on the side of the poor and the oppressed; and that in due time 
You have raised up men and women of courage and faith like Moses and Miriam to say to all 
the Pharaohs — 'Let my people go.' 

"0 God of righteousness, we thank Thee for all those men and women of faith who have 
worked with You in the deliverance of Thy people from injustice and oppression, and we 
pray, no matter how powerful the forces of the Pharaoh may be, that we may always be 
counted on to be the champion of the needy, the oppressed, and the powerless. 

"0 God of springtime , go with us as we go to our homes and to our houses of worship this 
weekend; renew a right spirit within each of us; and give to each of us the victory of the 
Passover and Easter Seasons. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Harris, Johnson of Cabarrus, 
McDuffie, and Taft for today. 
A leave of absence granted previously to Senator Ballenger is noted. 



April 5, 1985 



160 SENATE JOURNAL [Session 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 88, an act to amend the Constitution of North Carohna to provide that future 
Governors and Lieutenant Governors may not succeed themselves, and to make a con- 
forming change to the General Statutes. (Ch. 61) 

H. B. 91, an act to provide for nomination of members of the State Board of Elections by 
the State political party chairmen, and concerning the term of office of the Executive 
Secretary-Director. (Ch. 62) 

S. B. 108, an act to allow Rowan County ordinances regulating waste disposal to apply 
countywide, and to authorize Rowan County to enter into long term contracts for disposal 
of solid waste. (Ch. 63) 

S. B. 109, an act to provide a sixth ward for the City of New Bern, and to provide that 
the mayor counts toward a quorum and towards the number of votes necessary to pass an 
ordinance. (Ch, 64) 

S. B. 117, an act to amend Chapter 381 of the Private Laws of North Carolina, 1905, as it 
relates to the designation of the Kings Mountain Graded School District. (Ch. 65) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basmght: 

S. B. 185, a bill to amend Section 2 of Chapter 1120, 1979 Session Laws to give the 
County of Washington the power of condemnation to acquire real property for access 
roads to Economic Development Commission property. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Barnes, Swain, and Winner: 

S. B. 186, a bill to provide for capital improvement projects at various State parks and 
recreation areas. 
Referred to Appropriations Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 

S. B. 187, a bill amending the Charter of the City of Charlotte concerning the powers of 
the City Manager. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 

S. B. 188, a bill to amend the Charter of the City of Charlotte relating to the Civil 
Service Board. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 



April 5, 1985 



1985] SENATE JOURNAL 161 

S. B. 189, a bill to amend Chapter 926, 1947 Session Laws As Amended, relating to the 
Charlotte Firemen's Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 

S. B. 190, a bill to amend the Charter of the City of Charlotte relating to the lease of 
property. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 

S. B. 191, a bill to amend the Charter of the City of Charlotte relating to uptown 
development projects. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Watt, Cobb, McDuffie, and Johnson of Cabarrus: 

S. B. 192, a bill amending the Charter of the City of Charlotte relating to the approval of 
street name change requests. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Watt, Cobb, and McDuffie: 

S. B. 193, a bill amending the Charter of the City of Charlotte. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S. B. 194, a bill to cause the surviving designated beneficiary of a deceased disabled 
member of any of the State administered retirement systems who did not live to the 
effective date of a disability retirement to be paid a monthly retirement allowance equal to 
the one hundred percent joint survivorship allowance which could otherwise have been 
paid had the member hved to the effective date of a disability retirement. 

Referred to Pensions and Retirement Committee. 

By Senator Kincaid: 

S. B. 195, a bill to amend Chapter 10 of the General Statutes relative to registration 
restoration fees. 

Referred to Finance Committee. 

By Senators Tally and Rand: - 

S. J. R. 196, a joint resolution honoring the City of Fayetteville on being named an All 
American city. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Marvin, Barnes, Basnight, Conder, Guy, Harrington, Harris, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Plyler, Price, Rand, Rauch, Shaw, Simpson, Smith, Speed, Tally, 
Thomas of Henderson, Walker, Ward, Watt, Woodard, and Wright: 

S. B. 197, a bill to appropriate funds for spouse abuse programs. 
Referred to Appropriations Committee. 



April 5, 1985 



162 SENATE JOURNAL [Session 

By Senators Parnell, Basnight, Goldston, Guy, Harrington, Hunt of Durham, Martin of 
Pitt, and Speed: 

S. B. 198, a bill to appropriate funds for the North Carolina Fire Commission. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 199, a bill to provide that the Yancey County Board of Education shall be elected 
by the nonpartisan election and runoff election method. 

Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 272, a bill to increase certain fees collected by the Board of Mortuary Science. 
Referred to Human Resources Committee. 

H. B. 297, a bill to permit the Town of Wake Forest to utilize conditional use zoning 
districts. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 298, a bill to permit the Town of Zebulon to utilize conditional use zoning districts. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 311, a bill to provide for annexation by referendum in towns in Craven County 
with a population of less than five hundred which provide less than six of the seven 
services normally necessary to receive Powell Bill funds. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 314, a bill to authorize block grant funds for certain officials of the Town of Elon 
College. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 324, a bill to authorize the City of Brevard to enter into long-term contracts to 
establish a community arts facility. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 304, a bill to allow the governing body of any county or municipality to delegate 
the authority to make certain refunds and releases of property taxes. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 124, a bill to put Buncombe County under the statewide fox hunting law. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 134, a bill to amend G. S. 159-90 of the State and Local Government Revenue Bond 
Act and G. S. 159-163 relating to revenue bond anticipation notes, upon third reading. 



April 5, 1985 



1985] SENATE JOURNAL 163 

The bill passes its third reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, 
Redman, Royall, Sav^yer, Shaw, Simpson, Smith, Speed, Staton, Swain, Tally, Thomas 
of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, and 
Wright^39. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Goldston, Guy, Hardison, 
Harrington, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, Kaplan, 
Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Redman, Royall, 
Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 39. 

Voting in the negative: None. 

Having received a three-fifths affirmative majority vote, and without objection, the bill 
remains on the Calendar for Tuesday, April 9, for further consideration upon third 
reading. 

S. B. 68 (Committee Substitute), a bill to govern the estabhshment, maintenance, and 
implementation of a comprehensive basic education program, as amended, upon third 
reading. 

On motion of Senator Winner, the rules are suspended to the end that Dr. Howard 
Maniloff, Department of Public Instruction, is extended the courtesies of the floor. 

Senator Redman offers Amendment No. 3 which is adopted (electronically recorded). 

Senator Martin of Pitt offers Amendment No. 4 which fails of adoption (electronically 
recorded). 

Senator Martin of Pitt offers Amendment No. 5 which is adopted (electronically 
recorded). 

Senator Winner calls the previous question, which fails to prevail for lack of a second. 
After further debate, Senator Winner calls the previous question, seconded by Senator 
Swain. The call is sustained. 

The Committe Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and sent to the House of Representatives. 

S. B. 120, a bill to authorize the Department of Transportation to enter into reciprocal 
inspection agreements with other states and the Federal Highway Administration for 
highway supplies and materials. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 76, a bill to require vehicle headlights to be illuminated from sunset to sunrise. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 5, 1985 



164 " SENATE JOURNAL [Session 

H. B. 151 (Committee Substitute), a bill to treat adopted and natural persons alike for 
purposes of grants and devises. 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Harrington, the Committee Substitute bill remains on the 
Calendar for Tuesday, April 9, for further consideration upon third reading. , . 

On motion of Senator Harrington, seconded by Senator Staton, the Senate adjourns to 
meet Monday, April 8, at 8:30 P.M. 



FORTY-FIFTH DAY 



Senate Chamber, 
Monday, April 8, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin Ward, Senator from Forsyth County, as 
follows: 

"Our Heavenly Father, v^^e are thankful for the privilege of hving in this beautiful 
springtime and the free country of America. 

"We are thankful for the privilege of worshipping in our own way in the place of our 
choice. 

"We have observed Easter from the darkest hour to the brightest moment. 

"On the bright side of Easter, as we continue to live with hope and joy, help us to 
continue to be aware of the needs of the people that we represent. 

"As we work together in the Senate, and as we make our difficult decisions, help us to 
remember that we have had a living example of what we should do. 

"We ask for Your continued blessings. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 76, an act to require vehicle headlights to be illuminated from sunset to sunrise. 
(Ch. 66) 



April 8, 1985 



1985] SENATE JOURNAL 165 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Martin of Guilford: 

S. B. 200, a bill to create a new district judgeship for the Eighteenth District Court 
District. 
Referred to Judiciary II Committee. 

By Senators Harris and Smith: 

S. B. 201, a bill to amend G. S. 105-446.1 to include area mental health, mental 
retardation, and substance abuse authorities and their contract agencies in the Ust of 
entities entitled to gasoline tax reimbursements. 

Referred to Finance Committee. 

By Senator Harris: 

S. B. 202, a bill to make technical changes in the pubhc health law and related laws. 
Referred to Human Resources Committee. 

By Senator Harris: 

S. B. 203, a bill to authorize local health directors to enter contracts. 
Referred to Human Resources Committee. 

By Senator Parnell: 

S. B. 204, a bill to change the maximum allowable interest rates on bonds and notes of 
drainage districts. 
Referred to Finance Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 205, a bill to expand the Moore County Board of Commissioners from five to seven 
members and to provide for nomination and election by district. 
Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 83, a bill to revise and consolidate the Charter of the Town of Wendell and to 
repeal prior local acts. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 255, a bill to clarify statutory references relating to overloading of motor vehicles. 
Referred to Transportation Committee. 

H. B. 267, a bill to provide for staggered terms on the East Bend Town Board of 
Commissioners. 
Referred to Local Government and Regional Affairs Committee. 



April 8, 1985 



166 SENATE JOURNAL [Session 

H. B. 312, a bill to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option. 
Referred to Judiciary II Committee. 

H. B. 315, a bill to revise and consolidate the Charter of the Town of Elon College. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 330, a bill to incorporate a satelHte area within the corporate limits of the City of 
Mount Holly. 
Referred to Local Government and Regional Affairs Committee. 

The President recognizes the following pages serving in the Senate this week: Derek 
Wayne Batchelor, Tarboro; John Brady Bone, Manteo; John Lowell Briscoe, Union Mills; 
Kevin Neal Cummings, Raleigh; James E. Ezzell III, Rocky Mount; Rob Frederick, Rose 
Hill; Rick Gantt, Sanford; Regina Carroll Hunt, Durham; Reginald C. Hunt, Durham; 
Kathryn Ivey Johnson, Raleigh; Edwin B. Jordan, Vanceboro; Amy Amanda Long, 
Raleigh; Alan Gregory McKinnon, Carthage; Michael Allen Mitchell, Wake Forest; 
Jennie L. Powell, Raleigh; James E. Reid, Cary; Allen Morris Thomas, Vanceboro; 
Charles Jeffrey Untz, Mt. Holly; Heather Eileen Van Dine, Asheville; Shanel A. William- 
son, Raleigh; Deanne Woody, Roxboro; and Kennen Thomas Wynn, Raleigh. 

On motion of Senator Harrington, seconded by Senator Staton, the Senate adjourns in 
honor of the volunteer firemen across this State, their auxiliaries and the people who are 
supporting them in protecting our State during this past week of damaging fires which 
have ravaged parts of the State, to meet tomorrow, Tuesday, April 9, at 1:30 P.M. 



FORTY-SIXTH DAY 



Senate Chamber, 
Tuesday, April 9, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Robert Ladehoff, St. John's Episcopal Church, Fayetteville, as 
follows: 

"0 Lord and Heavenly Father, we thank You for these, Your servants, who offer 
themselves and their time and their abihty for the service of Your people. Sustain them 
and strengthen them as they make hard decisions. Keep them always aware of Your 
presence and Your grace. You have made this State a good place for us to Hve. Help us all 
to be good stewards of Your gifts. 

"Grant that the Members of this Senate, and all who lead and serve this State, may work 
with wisdom and compassion and patience and a keen sense of justice, that You will be 
glorified and Your people served. And to Your Holy Name we give praise, honor, and 
glory, now and forever. Amen." 



April 9, 1985 



1985] SENATE JOURNAL 167 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 62, a bill to make the parole consequences of all life sentences the same, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for Thursday, April 11. 

By Senator Winner for the Education Committee: 

S. B. 47, a bill to provide for state funding of vocational education under the Federal 
Vocational Education Act, with a favorable report, as amended. 

On motion of Senator Winner, the rules are suspended and the bill is placed before the 
Senate for immediate consideration and on his further motion. Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

S. J. R. 143, a joint resolution approving the State plan for vocational education, with a 
favorable report, as amended. 

By Senator Swain for the Judiciary III Committee: 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine, with a favorable 
report. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 135, a bill to amend the restrictions on force account work as they apply to the City 
of Monroe, with a favorable report. 

S. B. 161, a bill to change the manner of election of the Lincoln County Board of 
Education from partisan to nonpartisan plurality election, and to provide for election by 
residence district instead of nomination by voting district and election by residence 
district, with a favorable report. 

S. B. 163, a bill to increase the membership of the Asheboro Airport Authority, with a 
favorable report. 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 
development activities, with a favorable report. 



April 9, 1985 



168 SENATE JOURNAL [Session 

S. B. 185, a bill to amend Section 2 of Chapter 1120, 1979 Session Laws to give the 
County of Washington the power of condemnation to acquire real property for access 
roads to Economic Development Commission property, with a favorable report. 

S. B. 187, a bill amending the Charter of the City of Charlotte concerning the powers of 
the City Manager, with a favorable report. 

S. B. 188, a bill to amend the Charter of the City of Charlotte relating to the Civil 
Service Board, with a favorable report. 

On motion of Senator Ezzell, the bill is re-referred to the Pensions and Retirement 
Committee. 

S. B. 190, a bill to amend the Charter of the City of Charlotte relating to the lease of 
property, with a favorable report. 

S. B. 191, a bill to amend the Charter of the City of Charlotte relating to uptown 
development projects, with a favorable report. 

S. B. 192, a bill amending the Charter of the City of Charlotte relating to the approval of 
street name change requests, with a favorable report. 

S. B. 193, a bill amending the Charter of the City of Charlotte, with a favorable report. 

S. B. 199, a bill to provide that the Yancey County Board of Education shall be elected 
by the nonpartisan election and runoff election method, with a favorable report. 

S. B. 205, a bill to expand the Moore County Board of Commissioners from five to seven 
members and to provide for nomination and election by district, with a favorable report. 

H. B. 239, a bill to permit certain nonstudents to ride on school buses in Hyde County, 
with a favorable report. 

H. B. 241, a bill to approve the private sale of real property by the Albemarle City 
School Administrative Unit, with a favorable report. 

H. B. 250, a bill to verify the boundaries of the Town of King, with a favorable report. 

H. B. 260, a bill to repeal Chapter 318 of the 1967 Session Laws and bring Dare County 
under the General Statutes governing alcoholic beverage control concerning enforce- 
ment, with a favorable report. 

H. B. 278, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Madison, with a favorable report. 

H. B. 297, a bill to permit the Town of Wake Forest to utilize conditional use zoning 
districts, with a favorable report. 

H. B. 298, a bill to permit the Town of Zebulon to utilize conditional use zoning districts, 
with a favorable report. 

H. B. 304, a bill to allow the governing body of any county or municipality to delegate 
the authority to make certain refunds and releases of property taxes, with a favorable 
report. 

On motion of Senator Ezzell, the bill is re-referred to the Finance Committee. 



April 9, 1985 



1985] SENATE JOURNAL 169 

H. B. 311, a bill to provide for annexation by referendum in towns in Craven County 
with a population of less than five hundred which provide less than six of the seven 
services normally necessary to receive Powell Bill funds, with a favorable report. 

H. B. 314, a bill to authorize block grant grunds for certain officials of the Town of Elon 
College, with a favorable report. 

H. B. 324, a bill to authorize the City of Brevard to enter into long-term contracts to 
establish a community arts facility, with a favorable report. 

S. B. 114, a bill for the County of Onslow and its municipaUties concerning zoning, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Marvin: 

S. B. 206, a bill authorizing the collection of spousal support in certain instances in cases 
brought or enforced under this Article, as required by federal law. 
Referred to Judiciary II Committee. 

By Senator Marvin: 

S. B. 207, a bill to clarify rule-making authority under the North Carolina Drinking 
Water Act. 
Referred to Human Resources Committee. 

By Senators Rauch and Wright: 

S. B. 208, a bill to provide that vested benefits under the Deferred Compensation Plan 
are nonforfeitable and exempt from garnishment and from tax. 
Referred to Finance Committee. 

By Senators Rauch and Wright: 

S. B. 209, a bill to amend the General Statutes to provide express authorization for joint 
agencies to pledge, assign, mortgage or otherwise grant a security interest in any real or 
personal property or any interest therein. 

Referred to Judiciary IV Committee. 

By Senators Rauch and Wright: 

S. B. 210, a bill to authorize municipalities to name up to two alternate commissioners to 
a joint agency and a joint municipal assistance agency. 
Referred to Judiciary IV Committee. 

By Senator Rauch: 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, and to provide for the venue for actions 
involving such agencies. 

Referred to Judiciary IV Committee. 



April 9, 1985 



170 SENATE JOURNAL [Session 

By Senator Woodard: 

S. B. 212, a bill to provide for fees to be collected by the North Carolina Board of 
Physical Therapy Examiners. 
Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons. 

Referred to Judiciary I Committee. 

H. B. 236, a bill to repeal Section 146 of Chapter 1034 of the 1983 Session (Regular 
Session, 1984) relating to the Comparable Worth Study. 
Referred to Appropriations Committee. 

H. B. 251 (Committee Substitute), a bill to amend the law regarding public hospital 
bidding procedures. 

Referred to Judiciary H Committee. 

CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
April 5, are taken up and disposed of as follows: 

H. B. 161, a bill authorizing retail businesses to obtain an ABC permit to sell unfortified 
wine for off-premises consumption. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 163, a bill regarding liquor prices. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 164, a bill to redefine unfortified wine in the ABC law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 226, a bill to vaUdate certain conveyances where seals were omitted. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 227, a bill to vaUdate certain acts of notaries. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Bills and resolutions on the Calendar for today are taken up and disposed of as follows: 



April 9, 1985 



1985] SENATE JOURNAL 171 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development, upon third read- 
ing. 

The bill passes its third reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, 
Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 49. 

Voting in the negative: None. 

Having received a three-fifths affirmative majority vote, the bill is sent to the House of 
Representatives. 

H. B. 151 (Committee Substitute), a bill to treat adopted and natural persons alike for 
purposes of grants and devises, upon third reading. 

The Committee Substitute bill passes its third reading (electronically recorded) and is 
ordered enrolled. 

CHANGE OF VOTE 

S. B. 68 (Committee Substitute), a bill authorizing the Legislative Research Commis- 
sion to study a bill governing the establishment, maintenance, and implementation of a 
comprehensive basic education program. 

Senator Kincaid rises to a point of personal privilege and moves to suspend the rules to 
the end that his vote cast upon second reading Thursday, April 4, may be changed from 
"aye" to "no." The motion prevails (electronically recorded), and the Chair orders Senator 
Kjncaid's vote on second reading changed from "aye" to "no." 

On motion of Senator Harrington, seconded by Senator Ezzell, the Senate adjourns to 
meet tomorrow, April 10, at 1:30 P.M. 



FORTY-SEVENTH DAY 



Senate Chamber, 
Wednesday, April 10, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Howard A. Chubbs, Providence Baptist Church, 
Greensboro, as follows: 

"Our Father, God, we bow in reverence at this time, thankful for Thine abundant 
goodness that You have bestowed on this great land of ours. For the citizens of this great 
nation, for the form of government, that even though imperfect, as we are imperfect, still 
exceeds any other known to the mind of man; for legislators and governors whose 
responsibility it is to administer the affairs of this State, and for citizens concerned about 
the welfare of all, we give Thee thanks. 



April 10, 1985 



172 SENATE JOURNAL [Session 

"We pray Thy blessings upon the President of this great nation and that Thou wouldst 
bring to fruition the dreams of its founders. Embue us with Thy love, compassion, and 
courage, that we might indeed hold true to our commitments to making this a nation of 
liberty and justice for all. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Staton for today. 

A leave of absence granted previously to Senator Ballenger is noted. 

The President extends courtesies of the gallery to J. WilKam Copeland, retired Associ- 
ate Justice of the Supreme Court of North Carolina and former Senator from North- 
ampton County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 151 (Committee Substitute), an act to treat adopted and natural persons alike for 
purposes of grants and devises. (Ch. 67) 

H. B. 163, an act regarding liquor prices. (Ch. 68) . , " 

H. B. 164, an act to redefine unfortified wine in the ABC law. (Ch. 69) 

H. B. 226, an act to validate certain conveyances where seals were omitted. (Ch. 70) 

H. B. 227, an act to validate certain acts of notaries. (Ch. 71) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 196, a joint resolution honoring the City of Fayetteville on being named an All 
American city, with a favorable report. 

On motion of Senator Harrington, the joint resolution is placed on the Calendar for 
Thursday, April 11. 

By Senator Harris for the Human Resources Committee: 

S. B. 179, a bill to prohibit the Board of Mortuary Science from issuing special permits 
or courtesy cards to nonresident funeral directors, embalmers, and funeral service 
licensees from states that do not reciprocate, with a favorable report. 

By Senator Kaplan for the Election Laws Committee: 



April 10, 1985 



1985] SENATE JOURNAL 173 

S. B. 127, a bill to eliminate unneeded campaign finance reports, with a favorable 
report, as amended. 

By Senator Speed for the Agriculture Committee: 

S. B. 181, a bill to exempt from inheritance tax certain agricultural land, horticultural 
land, and forestland classified for ad valorem taxation at present-use value, with a 
favorable report. 

On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

By Senator Hipps for the Children and Youth Committee: 

S. B. 20, a bill to improve the law regarding minimum licensing standards for day-care 
facilities, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Hipps, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, April 11. 

By Senator Ranch for the Finance Committee: 

S. B. 150, a bill to increase the certified public accountant examination fee, with a 
favorable report. 

S. B. 204, a bill to change the maximum allowable interest rates on bonds and notes of 
drainage districts, with a favorable report. 

On motion of Senator Parnell, the rules are suspended and the bill is placed on today's 
Calendar for consideration upon second reading. 

H. B. 6, a bill to remove the reporting requirements for estates of less than one hundred 
thousand dollars in value, with a favorable report. 

H. B. 14, a bill to clarify the scope of the inheritance tax exemption for property passing 
to a charitable, religious, or educational organization or for a charitable, religious, or 
educational purpose, with a favorable report. 

H. B. 15, a bill to extend the income tax exclusion for certain employee death benefits to 
similar death benefits of self-employed individuals, with a favorable report. 

H. B. 30, a bill to allow certain members of the armed forces who are on extended active 
duty a longer period of time in which to roll over gain on the sale of their principal 
residence, with a favorable report. 

H. B. 32, a bill to simplify the alcoholic beverage tax statutes, with a favorable report. 

H. B. 49, a bill to allow spouses to share their annual gift tax exclusions only if both 
spouses are residents of North Carolina and to make consent to share annual exclusions 
irrevocable, with a favorable report. 

H. B. 50, a bill to eliminate the necessity of obtaining an inheritance tax waiver for 
securities declared and interest accruing after the decedent's death, with a favorable 
report. 



April 10, 1985 



174 " SENATE JOURNAL [Session 

H. B. 73, a bill to allow a divorced or separated parent to claim an income tax deduction 
for expenses for medical care for his child, regardless whether the parent provided over 
one-half his child's support for the taxable year, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Woodard, Johnson of Wake, Speed, and Staton: 

S. B. 213, a bill to amend the Charter of the City of Raleigh and to allow the City staff to 
grant final approval of subdivision plats. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ward and Kaplan: 

S. B. 214, a bill to endorse and appropriate funds for the Forsyth County Agricultural 
Land Preservation Fund. 
Referred to Appropriations Committee. 

By Senator Soles: 

S. B. 215, a bill to incorporate the Village of Bald Head Island. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ezzell: 

S. B. 216, a bill to provide that funds from special personalized registration plates be 
used to promote travel accessibility for the disabled. 
Referred to Transportation Committee. 

By Senators Wright and Smith: 

S. B. 217, a bill to extend the income tax exclusion for military retirement pay to 
beneficiaries of deceased servicemen under the Retired Serviceman's Family Protection 
Plan or the Survivor Benefit Plan. 

Referred to Finance Committee. 

By Senators Thomas of Henderson, Conder, Hipps, Plyler, Rand, Rauch, Smith, Soles, 
Staton, Thomas of Craven, and Warren: 

S. B. 218, a bill to lower the threshold for qualifying for the current manufacturers' 
inventory tax credit. 

Referred to Finance Committee. 

By Senators Rauch, Guy, Hardison, Harris, Marvin, Parnell, Plyler, Rand, Royall, 
Smith, and Thomas of Henderson: 

S. B. 219, an act to provide an income tax credit for low and middle-income taxpayers. 
Referred to Finance Committee. 

By Senators Marvin, Barnes, Harrington, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Plyler, Rand, Rauch, Redman, Speed, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, and Woodard: 



April 10, 1985 



1985] SENATE JOURNAL 175 

S. B. 220, a bill to increase the defined benefit formula accrual rate in the Teachers' and 
State Employees' Retirement System from one and fifty-seven hundredths percent to one 
and sixty-hundredths percent for both active and retired members commencing on and 
after July 1, 1985; to increase death benefit from twenty thousand dollars to thirty 
thousand dollars and other changes affecting sick leave and survivor's alternate benefit. 

Referred to Pensions and Retirement Committee. 

By Senators Staton and Johnson of Wake: 

S. B. 221, a bill to authorize Wake County to exercise the power of eminent domain 
under G. S. 40A-42(a) to acquire property for public safety and other facilities. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Redman and Harris: 

S. B. 222, a bill to repeal the certification requirement for laboratories performing 
syphilis serologies. 
Referred to Human Resources Committee. 

By Senator Redman: 

S. B. 223, a bill to appropriate funds to complete the restoration of the Murray's Mill 
Complex in Catawba County. 
Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 185, a bill to amend Section 2 of Chapter 1120, 1979 Session Laws to give the 
County of Washington the power of condemnation to acquire real property for access 
roads to Economic Development Commission property, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Winner, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 250, a bill to verify the boundaries of the Town of King, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 



April 10, 1985 



176 ' SENATE JOURNAL [Session 

H. B. 278, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Madison, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 311, a bill to provide for annexation by referendum in towns in Craven County 
with a population of less than five hundred which provide less than six of the seven 
services normally necessary to receive Powell Bill funds, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Sim- 
pson, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 114, a bill for the County of Onslow and its municipahties concerning zoning. 
On motion of Senator Guy, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 135, a bill to amend the restrictions on force account work as they apply to the City 
of Monroe. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 161, a bill to change the manner of election of the Lincoln County Board of 
Education from partisan to nonpartisan plurality election, and to provide for election by 
residence district instead of nomination by voting district and election by residence 
district. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 163, a bill to increase the membership of the Asheboro Airport Authority. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 187, a bill amending the Charter of the City of Charlotte concerning the power of 
the City Manager. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 



April 10, 1985 



1985] SENATE JOURNAL 177 

S. B. 190, a bill to amend the Charter of the City of Charlotte relatng to the lease of 
property. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 191, a bill to amend the Charter of the City of Charlotte relating to uptown 
development projects. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
further consideration. 

S. B. 192, a bill amending the Charter of the City of Charlotte relating to the approval of 
street name change requests. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 193, a bill amending the Charter of the City of Charlotte. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 199, a bill to provide that the Yancey County Board of Education shall be elected 
by the nonpartisan election and runoff election method. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 205, a bill to expand the Moore County Board of Commissioners from five to seven 
members and to provide for nomination and election by district. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 239, a bill to permit certain nonstudents to ride on school buses in Hyde County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 241, a bill to approve the private sale of real property by the Albemarle City 
School Administrative Unit. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 260, a bill to repeal Chapter 318 of the 1967 Session Laws and bring Dare County 
under the General Statutes governing alcohoUc beverage control concerning enforce- 
ment. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 297, a bill to permit the Town of Wake Forest to utilize conditional use zoning 
districts. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 298, a bill to permit the Town of Zebulon to utilize conditional use zoning districts. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 10, 1985 



178 SENATE JOURNAL [Session 

H. B. 314, a bill to authorize block grant funds for certain officials of the Town of Elon 
College. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 324, a bill to authorize the City of Brevard to enter into long-term contracts to 
establish a community arts facility. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 
development activities, upon second reading. 

Senator Hardison offers Amendment No. 1 which he subsequently withdraws. 

On motion of Senator Rauch, consideration of the bill is postponed until Thursday, 
April 11. 

S. B. 204, a bill to change the maximum allowable interest rates on bonds and notes of 
drainage districts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Basnight, Cobb, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Swain, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. J. R. 143, a joint resolution approving the State plan for vocational education. 
On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 
The joint resolution, as amended, passes its second (electronically recorded) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine. 

Senator McDuffie offers Amendment No. 1. Senator Taft, seconded by Senator Royall, 
offers a motion that Amendment No. 1 do lie upon the table, which motion prevails 
(electronically recorded), and Amendment No. 1 lies upon the table. 

Senator McDuffie offers Amendment No. 2. Senator Swain, seconded by Senator 
Kaplan, offers a motion that Amendment No. 2 do lie upon the table, which motion 
prevails (electronically recorded), and Amendment No. 2 lies upon the table. 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Jordan to its third reading, the Committee Substitute bill 
remains on the Calendar for further consideration. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S. B. 43, a bill to authorize the expenditure of private gifts for a new dormitory and 



April 10, 1985 



1985] SENATE JOURNAL 179 

infirmary at the North CaroHna School of Science and Mathematics, for concurrence in 
House Amendment No. 1. 

On motion of Senator Royall, the rules are suspended, and the bill is placed before the 
Senate for immediate consideration. 

On motion of Senator Royall, the Senate concurs in House Amendment No. 1 (electroni- 
cally recorded) and the bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Walker, the Senate adjourns to 
meet tomorrow, Thursday, April 11, at 1:30 P.M. 



FORTY-EIGHTH DAY 



Senate Chamber, 
Thursday, April 11, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Paul Lowder, Leaksville United Methodist Church, 
Eden, as follows: 

"Oh God, we thank You for the blessings of life; 
for health and energy, 
for opportunities that challenge our best, 
for the freedom to participate in choosing our destiny, 
and for the awesome, sacred trust You bestow on us. 

"Renew in us a sense of calUng to fulfill Your plan for all people. Give us courage to stand 
for those values which come from You, 

those things which are reconciling and healing, 
that which lasts and is not temporary. 

"Give us clarity in seeing what is important and deUver us from becoming absorbed in 
the insignificant. 

"Bring us a vision that inspires and gives us hope, wisdom equal to the demands of 
technology, creativity in finding answers when the old ones no longer suffice. 

"Grant us love enough to place the needs of others before our own, 
never taking for granted the value of each individual. 
And finally bring us a sense of meaning and fulfillment, 
knowing that while we cannot do everything, we have done what we could. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Ballenger is noted. 



April 11, 1985 



180 SENATE JOURNAL [Session 

APPOINTMENTS OF THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

STATE OF NORTH CAROLINA 
OFFICE OF THE GOVERNOR 

April 4, 1985 

The Honorable Robert B. Jordan III 
President of the Senate 
State Legislative Office Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor: 

I hereby transmit to you the names of the following persons appointed by me to the 
State Board of Education and submit them to the General Assembly for confirmation, 
pursuant to North Carolina General Statute Section 115C-10: 

1. Mebane M. Pritchett 
Orange County 
At-large member 

2. Mary Morgan 
Onlsow County 
Education District No. 2 

3. Gary Caperton Owen 
Buncombe County , 
Education District No. 8 

Sincerely, 

S/ James G. Martin 
Governor 
Referred to Education Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 43, an act to authorize the expenditure of private gifts for a new dormitory and 
infirmary at the North Carolina School of Science and Mathematics. (Ch. 72) 

H. B. 239, an act to permit certain nonstudents to ride on school buses in Hyde County. 
(Ch. 73) 

H. B. 241, an act to approve the private sale of real property by the Albemarle City 
School Administrative Unit. (Ch. 74) 

H. B. 260, an act to repeal Chapter 318 of the 1967 Session Laws and bring Dare County 
under the General Statutes governing alcoholic beverage control concerning enforce- 
ment. (Ch. 75) 



April 11, 1985 



1985] SENATE JOURNAL 181 

H. B. 297, an act to permit the Town of Wake Forest to utilize conditional use zoning 
districts. (Ch.76) 

H.'B. 298, an act to permit the Town of Zebulon to utilize conditional use zoning 
districts. (Ch. 77) 

H. B. 314, an act to authorize block grant funds for certain officials of the Town of Elon 
College. (Ch. 78) 

H. B. 324, an act to authorize the City of Brevard to enter into long-term contracts to 
establish a community arts facility. (Ch. 79) 

REPORTS OF COMMITTEES 

\ Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 
political parties to regulate the nomination of President and Vice President of the United 
States, with a favorable report. 

On motion of Senator Soles, the bill is placed on the Calendar for Tuesday, April 16. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 39 (Committee Substitute), a bill to make the use of seat belts in motor vehicles 
mandatory and to remove the sunset on the use of child restraint devices, with an 
unfavorable report as to Committee Substitute bill No. 1, but favorable as to Committee 
Substitute bill No. 2. 

On motion of Senator Barnes, the rules are suspended and Committee Substitute bill 
No. 2 is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, Committee Substitute bill No. 2 is adopted, and on his 
further motion is placed on the Calendar for Tuesday, April 16. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 155, a bill to amend the law establishing a supplemental retirement fund for 
firemen in the City of Hickory, with a favorable report. 

On motion of Senator Marvin, the bill is placed on the Calendar for Wednesday, 
April 17. 

S. B. 113, a bill to provide retirement benefits to permanent part-time employees in the 
Teachers' and State Employees' Retirement System, with a favorable report, as 
amended. 

On motion of Senator Marvin, the rules are suspended and the bill is placed before the 
Senate for immediate consideration and on her further motion Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

By Senator Warren for the Transportation Committee: 



April 11, 1985 



182 SENATE JOURNAL [Session 

H. B. 249, a bill to provide that temporary vehicle registration plates or markers are 
effective for a maximum of thirty days instead of twenty days, with a favorable report. 

By Senator Rauch for the Finance Committee: 

H. B. 119, a bill to repeal the partial gasoline and special fuels tax exemption for alcohol 
fuels, with an unfavorable report as to bill, but favorable as to Senate Committee 
Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Senate Committee 
Substitute bill which changes the title to read, H. B. 119, a bill to restrict the partial 
gasoline and special fuels tax exemption for alcohol fuels to fuels produced in North 
Carolina from agricultural or forestry products, and to provide that the special exemption 
is repealed if this restriction is declared unconstitutional, is placed before the Senate for 
immediate consideration. 

On motion of Senator Rauch, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, April 15. 

By Senator Jordan for the Manufacturing and Labor Committee: 

S. B. 159, a bill to establish a minimum weekly compensation for certain volunteer 
workers under the Workers' Compensation Act, with a favorable report. 

S. B. 162, a bill to amend the Worker's Compensation Act with respect to county 
agricultural extension service employees, with a favorable report. 

H. B. 242 a bill to provide for an increased minimum wage if the federal minimum wage 
increases, with a favorable report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 283, a bill to prohibit unsafe movements in public vehicular areas, with a favorable 
report. 

H. B. 67, a bill to give the surviving cotenant of a lock box access to life insurance 
poUcies stored in the box, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner and Marvin: 

S. J. R. 224, a joint resolution authorizing the Legislative Research Commission to 
study whether home study programs should satisfy the requirement of compulsory school 
attendance. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Ward: 

S. B. 225 a bill to change the grade levels at which certain tests are administered. 
Referred to Education Committee. 

By Senators Hunt of Durham and Royall: 



April 11, 1985 



1985] SENATE JOURNAL 183 

S. B. 226, a bill allowing the City of Durham not to levy assessments on City-owned 
property. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Hunt of Durham and Royall: 

S. B. 227, a bill concerning notice of withdrawal of street dedication by the City of 
Durham. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Harrington: 

S. B. 228, a bill to appropriate funds for the Dr. Calvin Scott Brown Regional Cultural 
Center to serve all of the citizens of the Roanoke-Chowan area of norhteastern North 
Carolina. 

Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 229, a bill to prohibit hunting from the rights-of-way of public roads in Randolph 
County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Martin of Pitt, Conder, Goldston, Guy, Hunt of Durham, Parnell, Price, 
Smith, and Walker: 

S. B. 230, a bill to amend provisions concerning compensation of local Board of Health 
members. 
Referred to Appropriations Committee. 

By Senator Parnell: 

S. B. 231, a bill to provide that certain appointive officers and employees of the Town of 
Parkton need not be residents of that Town. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S. B. 232, a bill to permit the City of Wilson to increase its parking penalties. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Warren: 

S. B. 233, a bill to amend Chapter 136 of the General Statutes to provide for service 
upon the Department of Transportation. 
Referred to Judiciary I Committee. 

By Senator Johnson of Wake: 

S. B. 234, a bill to provide a means to determine the jurisdiction of the Commissioner of 
Insurance over providers of health care benefits. 
Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S. B. 235, a bill to require participation by insurers in the National Association of 
Insurance Commissioners Insurance Regulatory Information System. 
Referred to Insurance Committee. 

April 11, 1985 



184 SENATE JOURNAL [Session 

By Senators Plyler, Cobb, Conder, Harris, Johnson of Cabarrus, and McDuffie: 

S. B. 236, a bill to amend the statute permitting the appointment of traffic control 
officers and establishing their duties to apply uniformly throughout the State. 
Referred to Judiciary I Committee. 

By Senators Plyler, Conder, Rand, Royall, Swain, Taft, Tally, Ward, and Watt: 

S. B. 237, a bill to provide Good Samaritan protection to public school employees and 
volunteers. 
Referred to Judiciary I Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 238, a bill to authorize the City of Raleigh to enact and enforce ordinances 
regulating the planting, maintenance, removal, replacement and preservation of trees 
and to exercise eminent domain powers for open space. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Harris: 

S. B. 239, a bill to incorporate the Town of White Plains in Cleveland County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Taft, and Martin of Durham: 

S. B. 240, a bill to repeal the centralized payroll system for the Pitt County public 
schools. 
Referred to Local Government and Regional Affairs Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 29 (Committee Substitute), a bill to change the method for measuring the tread 
depth on tires to determine whether they are safe, for concurrence in House Amendment 
No. 1 which is placed on the Calendar for tomorrow, April 12. 

H. B. 302, a bill to further effectuate the separation of powers. 
Referred to Judiciary IV Committee. 

H. B. 402, a bill to allow the Town of Lake Lure to sell certain property at private sale. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. J. R. 196, a joint resolution honoring the City of Fayetteville on being named an All 
America city. 

Senator Tally offers a motion to the end that the joint resolution may be considered out 
of its regular order of business, which motion prevails. 



April 11, 1985 



1985] SENATE JOURNAL 185 

The joint resolution passes its second and third readings (electronically recorded) and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

S. B. 185, a bill to amend Section 2 of Chapter 1120, 1979 Session Laws to give the 
County of Washington the power of condemnation to acquire real property for access 
roads to Economic Development Commission property, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, and Wright — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 250, a bill to verify the boundaries of the Town of King, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Watt, Winner, and Wright — 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 278, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Madison, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Watt, Winner, and Wright — 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 311, a bill to provide for annexation by referendum in towns in Craven County 
with a population of less than five hundred which provide less than six of the seven 
services normally necessary to receive Powell Bill funds, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 
Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Watt, Winner, and Wright — 45. 



April 11, 1985 



186 SENATE JOURNAL [Session 

Voting in the negative: None: ^ - 

The bill is ordered enrolled. 

S. B. 191, a bill to amend the Charter of the City of Charlotte relating to uptown 
development projects, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 204, a bill to change the maximum allowable interest rates on bonds and notes of 
drainage districts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Walker, Ward, Watt, Winner, 
and Woodard — 43. 

Voting in the negative: None. 

The bill is ordered, without objection, sent to the House of Representatives by special 
messenger. 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 

development activities, upon second reading. 

Senator Conder offers Amendment No. 2 which is adopted (electronically recorded.) 
On motion of Senator Ezzell, the bill, as amended, is re-referred to the Judiciary III 

Committee. 

H. B. 32, a bill to simplify the alcoholic beverage tax statutes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Winner, and Woodard — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine, upon third reading. 

On motion of Senator Thomas of Henderson, consideration of the Committee Substitute 
bill (electronically recorded) is postponed until Tuesday, April 16. 

S. B. 20 (Committee Substitute), a bill to improve the law regarding minimum licensing 
standards for day-care facilities. 

Senator Royall offers Amendment No. 1 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered engrossed and sent to the House of Representatives. 

S. B. 62 (Committee Substitute), a bill to make the parole consequences of all life 
sentences the same. 



April 11, 1985 



1985] SENATE JOURNAL 187 

Senator Thomas of Henderson, Co-Chairman of the Finance Committee, requests a 
fiscal note. 

Without objection, consideration of the Committee Substitute bill is postponed until 
Wednesday, April 17. 

S. B. 127, a bill to ehminate unneeded campaign finance reports. 
On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 150, a bill to increase the certified public accountant examination fee. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 179, a bill to prohibit the Board of Mortuary Science from issuing special permits 
or courtesy cards to nonresident funeral directors, embalmers, and funeral service 
licensees from states that do not reciprocate. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent the the House of Representatives. 

H. B. 6, a bill to remove the reporting requirements for estates of less than one hundred 
thousand dollars in value. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 14, a bill to clarify the scope of the inheritance tax exemption for property passing 
to a charitable, rehgious, or educational organization or for a charitable, religious, or 
educational purpose. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 15, a bill to extend the income tax exclusion for certain employee death benefits to 
similar death benefits of self-employed individuals. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 30, a bill to allow certain members of the armed forces who are on extended active 
duty a longer period of time in which to roll over gain on the sale of their principal 
residence. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 49, a bill to allow spouses to share their annual gift tax exclusions only if both 
spouses are residents of North Carolina and to make consent to share annual exclusions 
irrevocable. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 50, a bill to eliminate the necessity of obtaining an inheritance tax waiver for 
securities declared and interest accruing after the decedent's death. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 11, 1985 



188 " SENATE JOURNAL [Session 

H. B. 73, a bill to allow a divorced or separated parent to claim an income tax deduction 
for expenses for medical care for his child, regardless whether the parent provided over 
one-half child's support for the taxable year. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

RE-REFERRALS 

S. B. 67, a bill to permit local boards of education to elect to pay their employees through 
local payroll systems instead of through the centralized payroll system. 

Without objection, the Chair orders the bill removed from the Education Committee 
and recommitted to the Appropriations Committee. 

S. B. 240, a bill to repeal the centralized payroll system for the Pitt County public 
schools. 

Without objection, the Chair orders the bill removed from the Local Government and 
Regional Affairs Committee and recommitted to the Appropriations Committee. 

S. B. 233, a bill to amend Chapter 136 of the General Statutes to provide for service 
upon the Department of Transportation. 

Without objection, the Chair orders the bill removed from the Judiciary I Committee 
and recommitted to the Transportation Committee. 

Senator Swain rises to a point of personal privilege and upon his motion, his comments 
are spread upon the Journal, as follows: 

"Mr. President, Members of the Senate, I have been accorded the honor of moving for 
adjournment. Prior to making that motion, I wish to make a few statements relative to the 
subject that Senator Johnson (Cabarrus) mentioned. 

"Giles Harmon was a resident of my County of Buncombe. He was born in Asheville. He 
grew up in the area represented by Senator Hipps and Senator 'Bo' Thomas. He was the 
only son of Mr. and Mrs. Frank C. Harmon of Brevard. This young man I knew. Senator 
Winner and I have both known him. I'm speaking for the delegation of Buncombe and 
Transylvania Counties. I knew this young man and was impressed with him. He was not a 
great big tall patrolman like we sometimes picture our soldiers. He was a little man in 
stature, but he was big in many ways. 

"I had some cUents who had been stopped by him and had charges laid by this fine 
officer. You could discuss with him — he was open and honest, he was not oppressive. That 
is one characteristic that you don't find in all peace officers. He did not try to damage your 
person beyond what the truth required. He was not what I referred to yesterday as a 
'macho officer.' He was an humble man who carried out his duties honestly, directly, and 
without fanfare. 

"He was educated by the University of Tennessee and graduated with honors with a 
Degree in Criminology. He was only twenty-six years old. His parents, Mr. and Mrs. 
Harmon, are lifelong natives of this State. I beUeve his mother came from Iredell County 
and his father, of course, was from Buncombe. I make these remarks in an effort to inform 
you and to inform his parents and his wife of a few years, Mrs. Belinda Morgan Harmon. 
She resides now at 32 Turnberry Road in Arden, which is within the district represented 
by Senator Winner and me. 



April 11, 1985 



1985] SENATE JOURNAL 189 

"Mr. President, I move that this Body adjourn and that the contents of the message I 
have just dehvered be placed on the Journal to be transmitted to the wife and the parents 
of this fine young representative of our citizens. Tomorrow, there will be a memorial 
service in Brevard at 2:00 P.M. at the First Methodist Church in Brevard. There will be a 
private graveside service. 

"Mr. President, I move that the minutes reflect these remarks and that we adjourn in 
honor of this fine citizen of our State, Giles A. Harmon." 

On motion of Senator Swain, seconded by Senator Winner, the Senate adjourns in 
memory of Trooper Giles A. Harmon, to meet tomorrow, Friday, April 12, at 10:00 A.M. 



FORTY-NINTH DAY 



Senate Chamber, 
Friday, April 12, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Reginald Ponder, First United Methodist Church, Rocky 
Mount, as follows: 

"Almighty God, our Heavenly Father, we thank you for this most beautiful day in the 
'goodliest land' under the sun. We thank You for the manifold blessings You have 
bestowed upon our great State. We thank You for the heritage we have received from our 
forbearers who have forged for us a rich tradition on the awful anvil of self-sacrifice. We 
are here today to carry on that rich tradition and noble heritage. May the decisions made 
by this body of Senators be in the best interest of all of our citizens and in keeping with 
Your holy purpose and will. 

"Almighty God, Who alone gives wisdom and understanding, inspire the minds of all to 
whom You have committed the reponsibihty of government and leadership in our beloved 
State. Give to them the vision of truth and justice so that by their counsel all of Your 
people may work together in true fellowship and unity. 

"0 God, the Great Governor of the whole world, we pray for all who hold public office 
and power in our State — our Governor and Lieutenant Governor, the officers of the 
Council of State, the members of the Senate and the House, and all others who affect the 
life and welfare of the citizens of the State of North Carolina. Strengthen the sense of duty 
in our political life. Grant that the servants of this State may feel ever more deeply that 
any diversion of their public powers for private ends is a betrayal of a sacred trust. Purge 
our counties, cities, and State of the deep causes of corruption which have so often made 
sin profitable and uprightness difficult. Breathe a new spirit of righteousness into our 
State. Give these our leaders new vision and set their hearts on fire with Your purposes. 
May they be a generation of men and women with the faith and the daring resolve of the 
Kingdom of God in hearts, who will commit themselves to the holy business of giving 
justice, dignity, and a meaningful life to all citizens of this State. 

"Guide, we pray, the presiding officer of this Senate and all who serve in its assembly 
this day. We thank You for their faithfulness and commitment. May they be servants, too, 
in the image and spirit of Jesus Christ, our Risen Savior, in whose name we pray. Amen." 

April 12, 1985 



190 SENATE JOURNAL [Session 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Guy, Hardison, Johnson of Cabar- 
rus, Johnson of Wake, McDuffie, Soles, Swain, and Thomas of Henderson for today. 
A leave of absence granted previously to Senator Ballenger is noted. 
Senator Thomas of Henderson is noted present for a portion of today's session. 

ENROLLED BILLS 

The Enrolhng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 51, an act to repeal local legislation on permitting the sale of rock fish in Halifax 
and Northampton Counties. (Ch. 80) 

S. B. 132, an act to repeal the limitation of the number of members of a political party 
who may serve on the Asheboro City Board of Education, and to clarify that absentee 
voting is allowed. (Ch. 81) 

H. B. 6, an act to remove the reporting requirements for estates of less than one 
hundred thousand dollars in value. (Ch. 82) 

H. B. 14, an act to clarify the scope of the inheritance tax exemption for property 
passing to a charitable, religious, or educational organization or for a charitable, religious, 
or educational purpose. (Ch. 83) 

H. B. 15, an act to extend the income tax exclusion for certain employee death benefits 
to similar death benefits of self-employed individuals. (Ch. 84) 

H. B. 30, an act to allow certain members of the armed forces who are on extended 
active duty a longer period of time in which to roll over gain on the sale of their principal 
residence. (Ch. 85) 

H. B. 49, an act to allow spouses to share their annual gift tax exclusions only if both 
spouses are residents of North Carolina and to make consent to share annual exclusions 
irrevocable. (Ch. 86) 

H. B. 50, an act to eliminate the necessity of obtaining an inheritance tax waiver for 
securities declared and interest accruing after the decedent's death. (Ch. 87) 

H. B. 73, an act to allow a divorced or separated parent to claim an income tax deduction 
for expenses for medical care for his child, regardless whether the parent provided over 
one-half his child's support for the taxable year. (Ch. 88) 

H. B. 161, an act authorizing retail businesses to obtain an ABC permit to sell 
unfortified wine for off-premises consumption. (Ch. 89) 

H. B. 250, an act to verify the boundaries of the Town of King. (Ch. 90) 

H. B. 278, an act to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Madison. (Ch. 91) 



April 12, 1985 



1985] SENATE JOURNAL 191 

H. B. 311, an act to provide for annexation by referendum in towns in Craven County 
with a population of less than five hundred which provide less than six of the seven 
services normally necessary to receive Powell Bill funds. (Ch. 92) 

S. J. R. 196, a joint resolution honoring the City of Fayetteville on being named an All 
America city. (Res. 5) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

S. B. 151, a bill to put Swain County under the statewide fox hunting law, with a 
favorable report. 

H. B. 200, a bill to regulate hunting with rifles in certain townships of Moore County, 
with a favorable report. 

H. B. 201, a bill to regulate the shining of lights in deer areas in Moore County, with a 
favorable report. 

H. B. 231, a bill to permit the taking of foxes in Hoke and Robeson Counties, with a 
favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Soles: 

S. B. 241, a bill to amend Chapter 87 of the General Statutes relating to the quali- 
fications and rosters of general contractors. 
Referred to Judiciary IV Committee. 

By Senator Johnson of Cabarrus: 

S. B. 242, a bill to require consent of the Cabarrus County Board of Commissioners 
before land in that County may be condemned or acquired by a unit of local government 
outside the county. 

Referred to Judiciary I Committee. 

By Senators Marvin, Guy, Harrington, Harris, Hipps, Hunt of Durham, Hunt of 
Moore, Johnson of Wake, Kaplan, Rauch, Redman, Speed, Swain, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, and Woodard: 

S. B. 243, a bill to improve the law regarding endangered children. 
Referred to Children and Youth Committee. 

By Senators Marvin, Harris, Rauch, and Winner: 



April 12, 1985 



192 SENATE JOURNAL [Session 

S. B. 244, a bill to make the unlawful possession of hydromorphone, commonly known 
Dilaudid, a Class I felony. 
Referred to Judiciary II Committee. 

By Senators Hunt of Durham and Royall: 

S. B. 245, a bill concerning duties of the Durham City Inspection Department. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Royall: . . 

S. J. R. 246, a joint resolution honoring the life and memory of Charles Harris 
Livengood, Jr. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Smith and Somers: ^ 

S. B. 247, a bill to allow Rowan County to estabhsh voting precincts without regard to 
township boundaries. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Woodard: 

S. B. 248, a bill to amend Chapter 88 of the General Statutes relating to cosmetic arts. 
Referred to Human Resources Committee. 

By Senator Woodard: 

S. B. 249, a bill requiring persons who represent themselves as certified therapeutic 
recreation specialists or certified therapeutic recreation assistants to meet certain stand- 
ards. 

Referred to State Government Committee. 

By Senators Woodard, Plyer, Rand, and Royall: 

S. B. 250, a bill affecting certain boards, commissions and councils. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Wake: 

S. B. 251, a bill to clarify the Fair Housing Act. 
Referred to Judiciary III Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 252, a bill to appropriate funds to the General William C. Lee Memorial Museum 
Commission. 
Referred to Appropriations Committee. ■ j 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 253, a bill to appropriate funds to assist in the restoration of the Temple Theatre in 
Sanford. 
Referred to Appropriations Committee. 

By Senator Speed: 



April 12, 1985 



1985] SENATE JOURNAL 193 

S. B. 254, a bill to allow the Town of Wake Forest to dispose of real property at private 
sale for the purpose of economic development. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Speed: 

S. B. 255, a bill to allow the Town of Wake Forest to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Rand, Barnes, Ezzell, Hipps, Johnson of Wake, Martin of Guilford, Soles, 
Staton, Swain, Taft, Walker, Watt, and Winner: 

S. B. 256, a bill to authorize appellate judges to have more than one law clerk. 
Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, Ezzell, Hipps, Johnson of Wake, Martin of Guilford, Soles, 
Staton, Swain, Taft, Walker, Watt, and Winner: 

S. B. 257, a bill to create the State Judicial Center Commission and to appropriate funds 
for its operation. 

Referred to Judiciary IV Committee. 

By Senators Redman, Cobb, Conder, Ezzell, Guy, Hardison, Harris, Hipps, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Marvin, Price, Shaw, 
Simpson, Smith, Somers, Speed, Staton, Thomas of Craven, Walker, Ward, Woodard, 
and Wright: 

S. B. 258, a bill to amend Chapter 15B of the General Statutes to streamline the North 
Carolina Victims Compensation Program and make it more effective. 
Referred to Judiciary IV Committee. 

By Senator Redman: 

S. B. 259, a bill to change the name of the Statesville-Iredell Civic Center Authority, 
and to expand its Board. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Walker, Hunt of Moore, Plyler, Rand, Redman, and Tally: 

S. B. 260, a bill to appropriate funds to increase the level of the grants-in-aid to the 
private child-caring institutions. 

Referred to Appropriations Committee. 

By Senators Walker, Hunt of Moore, and Woodard: 

S. B. 261, a bill to appropriate funds for housing for mentally retarded adults. 
Referred to Appropriations Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 262, a bill to amend G. S. 118-7 as that statute applies to the City of Asheboro to 
establish supplemental retirement benefits for Asheboro's firemen. 
Referred to Pensions and Retirement Committee. 



April 12, 1985 



194 SENATE JOURNAL [Session 

By Senator Soles: 

S. B. 263, a bill creating a bird sanctuary at Lake Tabor in Columbus County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Harris, Price, and Sawyer: 

S. B. 264, a bill to clarify the authority of parents and day-care providers to regulate 
discipline in day-care centers and plans. 
Referred to Children and Youth Committee. 

By Senator Harris: 

S. B. 265, a bill to authorize the State Registrar to retain overpayments of two dollars or 
less unless the payor requests a refund. 
Referred to Finance Committee. 

By Senator Harris: 

S. B. 266, a bill to make technical changes and to amend the CON Statute. 
Referred to Human Resources Committee. 

By Senators Soles, Rand, Winner, and Sawyer: 

S. B. 267, a bill to protect jurors from firings because of jury service. 
Referred to Judiciary IV Committee. 

By Senators Soles, Rand, Sawyer, and Winner: 

S. B. 268, a bill to provide for initial randomization of the biennial jury list in counties 
using electronic data processing equipment for jury selection. 
Referred to Judiciary IV Committee. 

By Senators Winner, Rand, Sawyer, and Soles: 

S. B. 269, a bill to allow civil motions to be heard outside county. 
Referred to Judiciary IV Committee. 

By Senators Winner, Rand, Sawyer, and Soles: 

S. B. 270, a bill to provide that requests for admissions be filed like other discovery 
papers. 

Referred to Judiciary IV Committee. 

By Senator Harrington: 

S. B. 271, a bill to appropriate funds to assist in the adaptive restoration of the Gates 
County Courthouse in Gatesville. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



April 12, 1985 



1985] SENATE JOURNAL 195 

S. B. 56, a bill to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission, for concurrence in House Amend- 
ments No. 1 and No. 2 which is placed on the Calendar for Monday, April 15. 

S. B. 80 (Committee Substitute), a bill to assure continuity of care for individuals with 
mental retardation, for concurrence in House Amendment No. 1 which is placed on the 
Calendar for Monday, April 15. 

S. B. 129, a bill to permit Craven County to construct and lease a natural gas Hne and 
participate in construction of an electrical power hne, for concurrence in House Amend- 
ment No. 1 which is placed on the Calendar for Monday, April 15. 

H. B. 28 (Committee Substitute), a bill to provide that Rule 56 of the Rules of Civil 
Procedure shall apply to actions for absolute divorce. 
Referred to Judiciary III Committee. 

H. B. 64, a bill to authorize the Tyrrell County Board of Commissioners and the Tyrrell 
County Board of Education to enter into certain contracts without complying with the 
provisions of Chapter 133 and of Article 8 of Chapter 143 of the General Statutes. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 349, a bill to allow the Hertford County Board of Education to lease land to cities 
without finding that the land is unnecessary or undesirable for school purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 359, a bill to allow Duplin County to make an addition to a county building with its 
own personnel. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 383, a bill to enlarge the amount of land which may be condemned for school sites 
by the Charlotte-Mecklenburg County Schools. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 394, a bill to eliminate the requirement in Scotland County that cosmetologists 
shall employ only hcensed personnel to do shampooing. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 32, a bill to simplify the alcohohc beverage tax statutes, upon third reading. 

Senator Rauch offers Amendment No. 1 held to be material, which is adopted (electron- 
ically recorded) constituting the first reading of the bill. 

The bill, as amended, is placed on the Calendar for Monday, April 15, upon second 
reading. 

S. B. 159, a bill to estabhsh a minimum weekly compensation for certain volunteer 
workers under the Worker's Compensation Act. 
Without objection, consideration of the bill is postponed until Monday, April 15. 

S. B. 162, a bill to amend the Workers' Compensation Act with respect to county 
agricultural extension service employees. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

April 12, 1985 



196 SENATE JOURNAL [Session 

H. B. 67, a bill to give the surviving cotenant of a lock box access to life insurance 
policies stored in the box. 

On motion of Senator Staton, Committee Amendment No, 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 242, a bill to provide for an increased minimum wage if the federal minimum wage 
increases. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Taft to its third reading, the bill remains on the Calendar for 
further consideration. 

H. B. 249, a bill to provide that temporary vehicle registration plates or markers are 
effective for a maximum of thirty days instead of twenty days. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 283, a bill to prohibit unsafe movements in pubhc vehicular areas. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 29 (Committee Substitute), a bill to change the method for measuring the tread 
depth on tires to determine whether they are safe, for concurrence in House Amendment 
No. 1. 

On motion of Senator Parnell, the Senate concurs in House Amendment No. 1 (electron- 
ically recorded), and the Committee Substitute bill is ordered enrolled. 

RE-REFERRALS 

S. B. 230, a bill to amend proyisions concerning compensation of local Board of Health 
members. 

Without objection, the Chair orders the bill removed from the Appropriations Com- 
mittee and re-referred to the Local Government and Regional Affairs Committee. 

S. B. 200, a bill to create a new district judgeship for the Eighteenth District Court 
District. 

Without objection, the Chair orders the bill removed from the Judiciary II Committee 
and re-referred to the Appropriations Committee. 

On motion of Senator Harrington, seconded by Senator Royall, the Senate adjourns in 
memory of President Franklin Delano Roosevelt on the 40th Anniversary of his death, to 
meet Monday, April 15, at 8:00 P.M. 



FIFTIETH DAY 



Senate Chamber, 
Monday, April 15, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



April 15, 1985 



1985] SENATE JOURNAL 197 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the Family, in our busy schedules, help us not to neglect our families; but 
grant that we may always give to them that same kind of love and support which we need 
from them. We thank Thee for the time of fellowship which we shared with our families 
this weekend; and we pray that we may ever see the maintenance of strong family ties as a 
priority in our personal lives and in the life of our State. 

"0 God of Life, as we deal with substantive matters which affect the life of every 
individual and family in our State, we pray for Thy guidance and Thy support. Deliver us 
from petty bickering between individuals, power blocks, and political parties. Give us 
insight to deal with the comphcated issues of the State budget, proposals for tax cuts, the 
question of State funding for abortion, the issue of pollution control, and the sensitive 
issues of child care and child abuse. Give us strength to withstand the pressure of 
hundreds of lobbyists; make us sensitive to the feelings of the residents of our district; and 
give us the courage to vote our convictions after having carefully considered all sides of 
every issue. 

"On the day when we have all had to pay our State and federal taxes, make us sensitive 
to both the personal needs and the tax burdens of the people of our State. Help us to plan 
for programs that will minister to the needs of all the children, youth, and adults of our 
State. Help us to plan wisely for the use of our State's resources, and help us to develop a 
tax plan that will be fair to all our people. 

"0 God of Strength, as we deal with personal pressures at home, in our business, and in 
the Chamber; give us the strength to be men and women of conviction, tolerance, 
understanding, love, and compassion. 

"All this we ask in the Name of our God, Who loves us as a mother loves her children, 
and Who desires that we live and work together in a cooperative spirit as members of the 
Household of God. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, April 12, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senators Winner and Staton for tonight and 
to Senator Winner for tomorrow, April 16. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 29 (Committee Substitute), an act to change the method for measuring the tread 
depth on tires to determine whether they are safe. (Ch. 93) 

S. B. 118, an act to amend the Charter of the Town of Rhodhiss to provide for a 
four-year term for the mayor and staggered four-year terms for the board of commission- 
ers. (Ch. 94) 



April 15, 1985 



198 SENATE JOURNAL [Session 

H. B. 249, an act to provide that temporary vehicle registration plates or markers are 
effective for a maximum of thirty days instead of twenty days. (Ch. 95) 

H. B. 283, an act to prohibit unsafe movements in public vehicular areas. (Ch, 96) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barnes: 

S. B. 272, a bill to protect handicapped persons. 
Referred to Judiciary I Committee. 

By Senator Hardison: 

S. B. 273, a bill to create a Regional Council Economic and Community Development 
Technical Assistance Program and to provide funding. 
Referred to Appropriations Committee. 

By Senator Redman: 

S. B. 274, a bill to amend Article 11, G. S. 130A, entitled "Sanitary Sewage Systems." 
Referred to Human Resources Committee. 

By Senator Basnight: 

S.J. R. 275, ajoint resolution honoring the life and memory of Charles Brantley Aycock 
Brown — "Mr. Outer Banks." 
Referred to Rules and Operation of the Senate Committee. 

By Senator Basnight: , v 

S. B. 276, a bill to amend Chapter 20 of the General Statutes to allow a sign to designate 
a single handicapped parking space. 
Referred to Transportation Committee. 

By Senator Basnight: 

S. B. 277, a bill to permit the Town of Kill Devil Hills to regulate building construction to 
prevent fire hazards. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Harrington, Parnell, and Speed: 

S. B. 278, a bill to direct the Department of Revenue to establish soil productivity 
ratings for each soil phase in the State, to be used in developing a uniform system of taxing 
land classified for taxation at its present-use value. 

Referred to Agriculture Committee. 

By Senators Harrington, Parnell, and Speed: 

S. B. 279, a bill to clarify the type land that qualifies for taxation at its present-use value 
and to make technical changes concerning the eligibility for present-use value taxation. 
Referred to Agriculture Committee. 



April 15, 1985 



1985] SENATE JOURNAL 199 

By Senator Kincaid: 

S. B. 280, a bill authorizing the qualified voters of the Town of Beech Mountain to 
determine whether mixed beverages may be solid in that town. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ezzell: 

S. B. 281, a bill to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Cobb: 

S. B. 282, a bill to amend the Charlotte Charter. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler and Conder: 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills. 
Referred to Judiciary II Committee. 

By Senator Basnight: 

S. B. 284, a bill to provide for posting of notice of pending appUcations for CAMA 
permits. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Taft: 

S. B. 285, a bill to appropriate funds for the outdoor drama, "Blackbeard — Knight of the 
Black Flag." 

Referred to Appropriations Committee. 

By Senators Rand, Conder, Hunt of Durham, Hunt of Moore, Kaplan, Marvin, Plyler, 
Price, Royall, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Winner, and Woodard: 

S. B. 286, a bill to create the North Carolina Medical Database Commission. 
Referred to Judiciary IV Committee. 

By Senators Woodard, Hunt of Durham, Martin of Guilford, Rand, Redman, Staton, 
and Walker: 

S. B. 287, a bill to make felonious the willful nonpayment of group health and life 
insurance premiums by employers or other trustees and to require insurers to publicly 
notify employees in such situations. 

Referred to Judiciary I Committee. 

By Senator Johnson of Wake: 

S. B. 288, a bill to establish clearer and stronger standards for agreements between 
domestic insurers and reinsurers. 
Referred to Insurance Committee. 



April 15, 1985 



200 SENATE JOURNAL [Session 

By Senator Johnson of Wake: 

S. B. 289, a bill to provide for the integrity of insurance company assets for the 
protection of policyholders. 

Referred to Insurance Committee. 

By Senator Kincaid: 

S. B. 290, a bill to provide funds for the Avery County Adult Developmental Activity 
Program, 
Referred to Appropriations Committee. 

By Senator Tally: 

S. B. 291, a bill to repeal statutes allowing local boards of education to charge tuition for 
students over 18 years old. 
Referred to Education Committee. 

By Senator Tally: 

S. B. 292, a bill to amend G. S. 113-294 with respect to the penalty for unlawful taking of 
deer. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Tally: 

S. B. 293, a bill to require health assessments for kindergarten children in the public 
schools. 
Referred to Education Committee. 

By Senator Thomas of Craven: 

S. B. 294, a bill to conform the public notice times in the shellfish cultivation statute. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Thomas of Craven: 

S. B. 295, a bill to increase appropriations for the North CaroHna Technological 
Development Authority. 
Referred to Appropriations Committee. 

By Senators Thomas of Craven and Wright: 

S. B. 296, a bill to extinguish ancient mineral claims and to require the recordation and 
listing of these claims for taxation. 
Referred to Judiciary III Committee. 

By Senator Winner: 

S. J. R. 297, a joint resolution authorizing the Legislative Research Commission to 
study the laws concerning pretrial release. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Harrington and Parnell: 



April 15, 1985 



1985] SENATE- JOURNAL 201 

S. B. 298, a bill to establish a uniform statewide system of appraising land classified for 
taxation at its present-use value, to clarify the type land that qualifies for present-use 
value taxation, and to make technical changes concerning eligibility for present-use value 
taxation. 

Referred to Agriculture Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 299, a bill to incorporate Dornoch Village. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Marvin: 

S. B. 300, a bill to authorize the use of State income tax refund offset procedures in 
non-AFDC and interstate cases as required by federal law. 
Referred to Finance Committee. 

By Senator Goldston: 

S. B. 301, a bill to amend G. S. 20-162.1 to increase the penalty for parking violations 
and to make the prima facie rules of evidence inapplicable to stolen vehicles; and to amend 
G. S. 15A-302(d) to provide for service of parking violation citations. 

Referred to Judiciary IV Committee. 

By Senator Ezzell: 

S. B. 302, a bill to provide that where a school unit hes in Nash and Edgecombe County 
either County may withdraw and become a part of their County unit. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Marvin: 

S. B. 303, a bill to amend Chapter 50 of the General Statutes to estabhsh procedures for 
withholding from wages and other income in child support cases as required by federal 
law. 

Referred to Judiciary II Committee. 

By Senator Wright: 

S. B. 304, a bill to rewrite the procedures under which shellfish lease applications are 
determined. 

Referred to Natural and Economic Resources and Wildlife Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 237 (Committee Substitute), a bill to exempt for-hire passenger vehicles of less 
than fifteen-passenger capacity. 

Referred to Transportation Committee. 

H. B. 326, a bill to annex certain Town owned property to the Town of Ayden. 
Referred to Local Government and Regional Affairs Committee. 



April 15, 1985 



202 SENATE JOURNAL [Session 

H. B. 373, a bill to change the boundary Une between the Towns of Southern Shores and 
Kitty Hawk. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 386, a bill to amend the Charter of the Town of Garner to permit the collection of 
money instead of requiring land dedication for recreational purposes and for sidewalks. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 151, a bill to put Swain County under the statewide fox hunting law. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 200, a bill to regulate hunting with rifles in certain townships of Moore County. 
On motion of Senator Walker, consideration of the bill is postponed until Wednesday, 
April 17. 

H. B. 201, a bill to regulate the shining of lights in deer areas in Moore County. 
On motion of Senator Walker, consideration of the bill is postponed until Wednesday, 
April 17. 

H. B. 231, a bill to permit the taking of foxes in Hoke and Robeson Counties. 

On motion of Senator Tally, Committee Amendment No. 1, changing the title, upon 
concurrence, to read, H. B. 231, a bill to permit the taking of foxes in Hoke and Robeson 
Counties and in part of Scotland County, is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 129, a bill to permit Craven County to construct and lease a natural gas line and 
participate in construction of an electrical power line, for concurrence in House Amend- 
ment No. 1. 

On motion of Senator Thomas of Craven, the Senate concurs in House Amendment No. 
1 (electronically recorded) and the bill is ordered enrolled. 

H. B. 32, a bill to simplify the alcoholic beverage tax statutes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Conder, Ezzell, Goldston, 
Guy, Hardsion, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simp- 
son, Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 119 (Senate Committee Substitute), a bill to restrict the partial gasoline and 
special fuels tax exemption for alcohol fuels to fuels produced in North CaroHna from 
agricultural or forestry products, and to provide that the special exemption is repealed if 
this restriction is declared unconstitutional, upon second reading. 



April 15, 1985 



1985] SENATE JOURNAL 203 

On motion of Senator Hardison, consideration of the Committee Substitute bill is 
postponed until Wednesday, April 17. 

H. B. 242, a bill to provide for anincreased minimum wage if the federal minimum wage 
increases, upon third reading. The bill passes its third reading (electronically recorded) 
and is ordered enrolled. 

S. B. 159, a bill to establish a minimum weekly compensation for certain volunteer 
workers under the Workers' Compensation Act. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 56, a bill to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission, for concurrence in House Amend- 
ments No. 1 and No. 2. 

On motion of Senator Royall, the Senate concurs in House Amendments No. 1 and No. 2 
(electronically recorded), and the bill is ordered enrolled. 

S. B. 80 (Committee Substitute), a bill to assure continuity of care for individuals with 
mental retardation, for concurrence in House Amendment No. 1. 

On motion of Senator Harris, the Senate concurs in House Amendment No. 1 (electroni- 
cally recorded) and the Committee Substitute bill is ordered enrolled. 

On motion of Senator Harrington, Rules 41 and 18 are suspended to the end that 
S. B. 305 through S. B. 364 and Draft 3540, filed tonight, may be introduced tomorrow, 
April 16. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions pre- 
viously introduced: 

Senator Martin of Pitt: 

S. B. 264, a bill to clarify the authority of parents and day-care providers to regulate 
discipline in day-care centers and plans. 

The President recognizes the following pages serving in the Senate this week: Kathryn 
Barron Foster, Statesville; Gina Michelle Foust, Durham; Beth Herndon, Durham; 
Turner Holmes, Raleigh; Robert Greggory Lee, Raleigh; Tracy Shannon Patrick, 
Raleigh; Miracle Raye Perry, Elizabeth City; Susan Paige Pressly, Greenville; Amanda 
LaVonne Shelton, King; Rhonda F. Spivey, Gatesville; Linda Yvette Stevens, Knight- 
dale; Sandra Swann, Greensboro; Tonya Lavette Thomas, Greensboro; A. J. Whitting- 
ton, Greensboro; and Dianne Williams, Bunn. 

On motion of Senator Harrington, seconded by Senator Rand, the Senate adjourns to 
meet tomorrow, Tuesday, April 16, at 1:30 P.M. 



April 15, 1985 



204 SENATE JOURNAL [Session 

FIFTY-FIRST DAY 

Senate Chamber, 
Tuesday, April 16, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend R. Dennis Ricks, Jr., Garner United Methodist 
Church, Garner, as follows: 

"Eternal God — Creator of us all — bless and inspire us with Your Presence. Keep us 
sensitive to our needs and the needs of others. 

"Give us courage and wisdom as we seek Your will. 

"Guide us in the right use of power — that we shall not use it selfishly or with malice 
toward anyone. 

"When decisions are difficult, reveal more light. 

"May this day bring forth good fruit for all of our labors. Refresh us for the various 
responsibiUties yet to be done. 

"Forgive us for any wrong attitudes and for being less than we can be. 

"Keep us aware of our opportunities as well as our privileges. 

"And, God, continue to bless, sustain, and guide us that our talents and time will be 
used for what is best for our State and our Nation. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. Upon his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

A leave of absence granted previously to Senator Winner noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 242, an act to provide for an increased minimum wage if the federal minimum 
wage increases. (Ch. 97) 

S. B. 56, an act to enact the Uniform Management of Institutional Funds Act as 
recommended by the General Statutes Commission. (Ch. 98) 

S. B. 80 (Committee Substitute), an act to assure continuity of care for individuals with 
mental retardation. (Ch. 99) 

S. B. 129, an act to permit Craven County to construct and lease a natural gas line and 
participate in construction of an electrical power Une. (Ch. 100) 



April 16, 1985 



1985] SENATE JOURNAL 205 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 209, a bill to amend the General Statutes to provide express authorization for joint 
agencies to pledge, assign, mortgage or otherwise grant a security interest in any real or 
personal property or any interest therein, with a favoable report. 

S. B. 210, a bill to authorize municipalities to name up to two alternate commissioners to 
a joint agency and a joint municipal assistance agency, with a favorable report, as 
amended. 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, and to provide for the venue for actions 
involving such agencies, with a favorable report, as amended. 

H. B. 72 (Committee Substitute), a bill to clarify that the legislative review of proposals 
to license new occupations and professions includes commissions, with an unfavorable 
report as to Committee Substitute bill, but favorable as to Senate Committee Substitute 
bill. 

On motion of Senator Soles, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Senate Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, April 18. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 215, a bill to incorporate the Village of Bald Head Island, with a favorable report. 

S. B. 226, a bill allowing the City of Durham not to levy assessments on City-owned 
property, with a favorable report. 

S. B. 227, a bill concerning notice of withdrawal of street dedication by the City of 
Durham, with a favorable report. 

S. B. 231, a bill to provide that certain appointive officers and employees of the Town of 
Parkton need not be residents of that Town, with a favorable report. 

S. B. 232, a bill to permit the City of Wilson to increase its parking penalties, with a 
favorable report. 

H. B. 83, a bill to revise and consolidate the Charter of the Town of Wendell and to 
repeal prior local acts, vdth a favorable report. 

H. B. 267, a bill to provide for staggered terms on the East Bend Town Board of 
Commissioners, with a favorable report. 

H. B. 315, a bill to revise and consolidate the Charter of the Town of Elon College, with 
a favorable report. 



April 16, 1985 



206 SENATE JOURNAL [Session 

H. B. 330, a bill to incorporate a satellite area within the corporate limits of the City of 
Mount Holly, with a favorable report. 

H. B. 402, a bill to allow the Town of Lake Lure to sell certain property at private sale, 
with a favorable report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 312, a bill to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option, with a favorable report. 

By Senator Speed for the Agriculture Committee: 

S. B. 183, a bill to classify farm machinery and exclude it from inventory tax, with a 
favorable report. 
On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

By Senator Barnes for the Judiciary I Committee: 

H. B. 109, a bill to allow an officer charged with serving a summary ejectment summons 
to determine whether to telephone the defendant before attempting personal delivery of 
the summons, with a favorable report. 

H. B. 252, a bill to permit the sale of products produced by inmates to public institutions 
outside the State of North Carolina, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Harrington offers a motion that the following bills filed for introduction be held 
in filed status, which motion prevails: 

By Senator Hipps: 

S. B. 309, a bill to permit the Alcoholic Beverage Commission to issue permits to 
establishments on federal property on the Blue Ridge Parkway. 

By Senators Redman, Smith, and Wright: ; 

S. B. 323, a bill to amend the Constitution of North Carolina to provide for nonpartisan 
selection of justices and judges of the General Court of Justice. 

By Senators Redman, Smith, and Wright: 

S. B. 325, a bill to create a Judicial Nominating Commission and to implement the 
nonpartisan plan for the selection of judges as required by Article IV, Section 16, of the 
North Carolina Constitution. 

By Senator Thomas of Craven: -3 

S. B. 364, a bill to remove the western end of Bogue Banks from the Town of Emerald 
Isle and incorporate the removed area as the Town of Inlet Dunes. 

Bills and resolutions filed for introduction are presented to the Senate, read the first 
time and disposed of upon the motion of Senator Harrington to suspend the rules to allow 
the introduction and referral to committee: 



April 16, 1985 



1985] SENATE JOURNAL 207 

By Senator Simpson: 

S. B. 305, a bill to permit Burke County to use revenue received from one-half percent 
local sales and use taxes for any public purpose. 
Referred to Finance Committee. 

By Senator Simpson: 

S. B. 306, a bill to amend the school budget and fiscal control act concerning approval of 
expenditures some or all of which are to be paid in ensuing fiscal years. 
Referred to Education Committee. 

By Senator Guy: 

S. B. 307, a bill to appropriate funds to Onslow County to provide the local share for a 
groundwater study. 

Referred to Approrpriations Committee. 

By Senator Guy: 

S. B. 308, a bill to appropriate funds to Coastal Carolina Community College for capital 
improvements. 
Referred to Appropriations Committee. 

By Senator Swain: 

S. B. 310, a bill to authorize temporary custody of absconding juveniles by the Joint 
Security Force outside territory. 
Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S. B. 311, a bill to create the State Health Insurance Pool of North Carolina. 
Referred to Insurance Committee. 

By Senator Smith: 

S. B. 312, a bill to exempt the Lexington City Administrative Unit from the provisions 
of G. S. 115C-325 which relate to career status for supervisors and principals. 
Referred to Education Committee. 

By Senator Smith: 

S. B. 313, a bill to appropriate funds for restoration of the Historic Salisbury Railroad 
Station. 
Referred to Appropriations Committee. 

By Senator Smith: 

S. B. 314, a bill to appropriate funds for additional rehabihation of Spencer Shops State 
Historic Site. 
Referred to Appropriations Committee. 

By Senators Smith and Somers: 

S. B. 315, a bill to establish the boundary Une between the Town of Landis and the City 
of Kannapolis. 



April 16, 1985 



208 SENATE JOURNAL [Session 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S. B. 316, a bill to clarify the law relating to acquisition by the City of Monroe of street 
right-of-way outside the corporate Umits. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S. J. R. 317, a joint resolution authorizing the Legislative Research Commission to 
study the feasibility of an inmate substance abuse therapy program. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler and Conder: 

S. B. 318, a bill to provide that Stanly County is authorized to construct gas lines. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hardison: 

S. B. 319, a bill to permit the Division of Services for the Blind of the Department of 
Human Resources to operate vending machines on interstate highways and controlled- 
access highways. 

Referred to Human Resources Committee. 

By Senator Hardison: 

S. B. 320, a bill to allow the Secretary of Human Resources to adopt rules on damage of 
theft of personal property belonging to employees, volunteers, and clients in institutions 
of the Department of Human Resources. 

Referred to Human Resources Committee. 

By Senator Swain: 

S. J. R. 321, a joint resolution honoring the Golden Anniversary of the Blue Ridge 
Parkway and honoring the memory of Franklin D. Roosevelt, under whose administration 
the Parkway was established. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Redman, Smith, Somers, Staton, and Wright: 

S. B. 322, a bill to provide numbered National Guard registration plates to senior 
enlisted members and retired members. 
Referred to Transporation Committee. 

By Senators Redman, Smith, Somers, and Wright: 

S. B. 324, a bill to increase use of disciplinary action against State employees engaged in 
prohibited political activity. 

Referred to State Government Committee. 

By Senators Redman, Ballenger, Cobb, McDuffie, Smith, Somers, and Wright: 

S. B. 326, a bill to amend the Open Meeting Law. 
Referred to Judiciary I Committee. 



April 16, 1985 



1985] SENATE JOURNAL 209 

By Senators Redman, Smith, Somers, and Wright: 

S. B. 327, a bill to abolish certain executive branch boards and to consolidate the 
functions of other boards. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Redman, Smith, Somers, and Wright: 

S. B. 328, a bill to protect children against sexual abuse, child prostitution, child 
pornography and sexual performances. 

Referred to Children and Youth Committee. 

By Senators Redman, Smith, Somers, and Wright: 

S. J. R. 329, a joint resolution directing the State Personnel Commission to study the 
State Personnel Act and to design changes to give professional State employees the 
protection and security from political pressures they deserve and establish a senior 
executive service. 

Referred to State Government Committee. 

By Senator Harrington: 

S. B. 330, a bill to appropriate funds for construction of a Warren County satellite 
campus of Vance-Granville Community College. 
Referred to Appropriations Committee. 

By Senator Basnight: 

S. B. 331, a bill to appropriate funds to the Perquimans County Restoration Associa- 
tion, Inc. , for further development and interpretation of the Newbold-White House and 
site. 

Referred to Appropriations Committee. 

By Senators Somers and Smith: 

S. B. 332, a bill to provide the procedure for filling a vacancy in the Office of Sheriff in 
Rowan County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Ezzell: 

S. B. 333, a bill relating to the authority of the Governor's Advocacy Council for persons 
with disabilities in order to comply with changes in federal law. 
Referred to Human Resources Committee. 

By Senator Tally: 

S. B. 334, a bill to appropriate funds to establish a day care training program at the 
Cumberland County Public Health Center. 
Referred to Appropriations Committee. 

By Senators Harris and Harrington: 

S. B. 335, a bill to enact hazardous substances right to know provisions and to amend 
and transfer the Occupational Safety and Health Act of North Carolina. 
Referred to Human Rescources Committee. 



April 16, 1985 



210 SENATE JOURNAL [Session 

By Senators Harris and Harrington: 

S. B. 336, a bill to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North CaroUna case law and as required by federal law. 
Referred to Judiciary III Committee. 

By Senators Harris and Harrington: 

S. B. 337, a bill to amend the application fee and cost recovery provisions of G. S. 
110-130.1 regarding non-AFDC services. 
Referred to Human Resources Committee. 

By Senators Harris and Harrington: 

S. B. 338, a bill extending the provision of services under this Article to children over 
age eighteen in certain instances. 
Referred to Human Resources Committee. 

By Senators Harris and Harrington: 

S. B. 339, a bill clarifying the standing of the designated representative of county 
commissioners to bring actions under this Article. 
Referred to Judiciary HI Committee. 

By Senators Harris and Harrington: 

S. B. 340, a bill authorizing the transfer of child support orders for enforcement 
purposes when in the interests of justice. 

Referred to Children and Youth Committee. 

By Senators Harris and Harrington: 

S. B. 341, a bill to provide for alternative arrangements for local program administra- 
tion. 

Referred to Human Resources Committee. 

By Senators Harris, Harrington, Jordan, and Rauch: 

S. J. R. 342, a joint resolution honoring the life and memory of Clyde Nolan, "Mr, 
Democrat." 
Referred to Rules and Operation of the Senate Committee. 

By Senators Hunt of Moore and Walker: 

S. B. 343, a bill relating to extraterritorial zoning jurisdication by the Town of Aber- 
deen, the Village of Pinehurst and the Town of Southern Pines in Moore County. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Sawyer and Shaw: 

S. B. 344, a bill to provide for the incorporation of the Village of Colfax. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Ward and Kaplan: 



April 16, 1985 



1985] SENATE JOURNAL 211 

S. B. 345, a bill allowing the City of Winston-Salem to establish, agree to and/or comply 
with minimum minority and/or women's business enterprise participation requirements. 
Referred to Judiciary III Committee. 

By Senators Ward and Kaplan: 

S. B. 346, a bill amending Article XV, Section 83(e) of the Charter of the City of 
Winston-Salem relating to uptown development projects. 
Referred to Judiciary III Committee. 

By Senator Ward: 

S. B. 347, a bill to amend the law regarding payment of costs in Department of Human 
Resources institutions. 
Referred to Human Resources Committee. 

By Senator Royall: 

S. B. 348, a bill to consider the effects of unencumbered actuarial gains upon employer 
or State contributions to and unfunded accured liabilities of retirement and pension plans 
administered by the State. 

Referred to Pensions and Retirement Committee. 

By Senator Walker: 

S. B. 349, a bill to permit certain municipalities to exclude only volunteer firemen from 
OSHA coverage. 
Referred to Manufacturing and Labor Committee. 

By Senator Walker: 

S. B. 350, a bill regarding the public's right to know of the presence of toxic and 
hazardous substances and to require the designation of a person to provide information 
concerning hazardous substances in the event of an emergency. 

Referred to Human Resources Committee. 

By Senator Watt: 

S. B. 351, a bill to authorize the City of Charlotte to levy an income tax not to exceed one 
percent of net income and to designate how revenues from this tax shall be used. 
Referred to Finance Committee. 

By Senator Ballenger: 

S. B. 352, a bill to expand the Catawba County Board of Education from five to seven 
members. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Wright: 

S. B. 353, a bill to designate Wilmington the City of Azaleas. 
Referred to Local Government and Regional Affairs Committee. 



By Senator Wright: 



April 16, 1985 



212 SENATE JOURNAL [Session 

S. B. 354, a bill to designate New Hanover County the County of Azaleas. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S. B. 355, a bill to appropriate funds to commemorate the centennial of Pembroke State 
University. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 356, a bill to allow the City of Greensboro to set requirements for public projects 
contracts. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hardison: 

S. B. 357, a bill to raise the renewal fee for professional engineers and registered land 
surveyors. 
Referred to Finance Committe. 

By Senators Taft and Martin of Pitt: 

S. B. 358, a bill to provide a supplemental retirement fund for firemen in the City of 
Williamston. 
Referred to Pensions and Retirement Committee. 

By Senator Soles: 

S. B. 359, a bill to conform North Carolina boating safety equipment and accident 
reporting laws to federal law and rules so that they can be enforced by wildlife officers. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Rauch, Kaplan, and Taft: 

S. B. 360, a bill to estabUsh the North Carolina Council on the Holocaust. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Rauch and Taft: 

S. B. 361, a bill to clarify certain powers of a joint municipal electric power with respect 
to interest on bonds. 
Referred to Finance Committee. 

By Senator Jordan: 

S. B. 362, a bill to limit the annual increase in the number of county employees in 
Alamance County. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Jordan: 

S. B. 363, a bill to limit the annual increase in the number of county employees in 
Caswell County. 
Referred to Local Government and Regional Affairs Committee. 



April 16, 1985 



1985] SENATE JOURNAL 213 

By Senator Barnes: 

S. B. 365, a bill to authorize Wa^Tie County to pay bounties on beavers. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Johnson of Wake and Redman: 

S. B. 368, a bill to add a new Article 17 to Chapter 20 of the General Statutes and make 
other necessary' changes in Chapter 20 and Chapter 62. 
Referred to Commerce Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 71 (Committee Substitute), a bill to allow counties to issue voter registration 
cards, and set minimum standards for such cards. 
Referred to Election Laws Committee. 

H. B. 108 (Committee Substitute), a bill to provide an income tax credit for construction 
of a resource recovery facility that uses sohd waste as a primary fuel. 
Referred to Finance Committee. 

H. B. 295 (Committee Substitute), a bill to move the election date for the Randolph 
County Board of Education from the primary to the general election. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 342, a bill to permit the City of Jacksonville to increase its parking penalities to 
five dollars. 

Referred to Finance Committee. 

H. B. 371, a bill to increase the fee for a record search or for a copy of a vital record. 
Referred to Finance Committee. 

CALENDAR 

Bills and resolution on the Calendar are taken up and disposed of as follows: 

H. B. 32, a bill to simplify^ the alcoholic beverage tax statutes, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kincaid, Martin of Guilford, Martin of 
Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Woodard, and Wright — 
48. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 



April 16, 1985 



214 SENATE JOURNAL [Session 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine, upon third reading. 

On motion of Senator Swain, the Committee Substitute bill is recommitted to the 
Judiciary III Committee. 

S. B. 39 (Committee Substitute No, 2), a bill to make the use of seatbelts in motor 
vehicles mandatory and to remove the sunset on the use of child restraint devices. 

Senator Sawyer offers Amendment No. 1, held to be material, which fails of adoption 
(electronically recorded). 

Senator Harris offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

Senator Wright offers Amendment No. 3 which fails of adoption (electronically re- 
corded). 

Senator Sawyer offers Amendment No. 4 which fails of adoption (electronically re- 
corded). 

Senator Warren calls the previous question, seconded by Senator Royall. The call is 
sustained. 

The Committee Substitute bill No. 2 passes its second reading (electronically recorded). 

On objection of Senator Harris to its third reading, the Committee Substitute bill No. 2 
remains on the Calendar for tomorrow, April 17, for further consideration. 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 
political parties to regulate the nomination of President and Vice President of the United 
States. 

Senator Kincaid offers Amendment No. 1. 

On motion of Senator Rand, the bill with pending Amendment No. 1 is recommitted to 
the Judiciary IV Committee (electronically recorded). 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions pre- 
viously introduced: 

By Senators Taft and Thomas of Craven: 

S. B. 278, a bill to direct the Department of Revenue to establish soil productivity 
ratings for each soil phase in the State, to be used in developing a uniform system of taxing 
land classified for taxation at its present-use value. 

By Senators Taft and Thomas of Craven: 

S. B. 279, a bill to clarify the type land that qualifies for taxation at its present-use value 
and to make technical changes concerning the eligibihty for present-use value taxation. 

On motion of Senator Harrington, seconded by Senator Kaplan, the Senate adjourns to 
meet tomorrow, Wednesday, April 17, at 1:30 P.M. 



April 16, 1985 



1985] SENATE JOURNAL 215 

FIFTY-SECOND DAY 

Senate Chamber, 
Wednesday, April 17, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Father Charles Reese, Pastor, Saint Benedict's Catholic Church, 
Greensboro, as follows: 

"Solomon prayed: 

'Give your servant an understanding heart that I might discern between good and 
bad, in judging and ruling your people.' 

"And God said to him: 

'Because you have asked for this and not a long life, nor riches, nor revenge on your 
enemies, I will give you a wise and understanding heart which will be matched by no one 
before or after you.' 

"For the Members of the North Carolina Senate, I pray the same. For it sometimes 
seems that our folly, our intemperate decisions, our rash words, our snap judgments are 
matched by no one before or after us. They hurt us and worse, they hurt others, whom we 
love. Since Solomon has no further need for it, please give us a small portion of his wisdom. 

"Make us instruments of Your goodness that we may be just, fair and equal in making 
decisions for the people of North Carolina. 

"I ask this in Your Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Guy for tomorrow, Thursday, April 
18, and for Friday, April 19. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Shaw: 

S. B. 366, a bill to exempt from the sales and use tax shells sold to the State for use in 
shellfish beds. 
Referred to Finance Committee. 

By Senator Marvin: 

S. B. 367, a bill to improve the collection of property taxes on motor vehicles by 
requiring that these taxes be paid when a vehicle registration is renewed. 
Referred to Finance Committee. 



April 17, 1985 



216 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 300, a bill to permit ordained or hcensed clergymen to be considered self- 
employed for tax withholding purposes instead of an employee of a church. 
Referred to Finance Committee. 

H. B. 427, a bill to extend parental Uability in motor vehicle cases to adult children. 
Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 215, a bill to incorporate the Village of Bald Head Island, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Tally, Thomas of Craven, Walker, Ward, 
Warren, Watt, Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 315, a bill to revise and consolidate the Charter of the Town of Elon College, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Guy, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simpson, 
Smith, Soles, Somers, Speed, Swain, Taft, Tally, Thomas of Craven, Walker, Ward, 
Warren, Watt, Winner, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 330, a bill to incorporate a satellite area within the corporate limits of the City of 
Mount Holly, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson 
of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Walker, Ward, Warren, 
Watt, Winner, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third readig. 



April 17, 1985 



1985] SENATE JOURNAL 217 

H. B. 83, a bill to revise and consolidate the Charter of the Town of Wendell and to 
repeal prior local acts, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, 
Sawyer, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright-48. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 200, a bill to regulate hunting with rifles in certain townships of Moore County. 

Senator Walker offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 155, a bill to amend the law estabHshing a supplemental retirement fund for 
firemen in the City of Hickory. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 226, a bill allowing the City of Durham not to levy assessments on City-owned 
property. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 227, a bill concerning notice of withdrawal of street dedication by the City of 
Durham. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 231, a bill to provide that certain appointive officers and employees of the Town of 
Parkton need not be residents of that Town. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 232, a bill to permit the City of Wilson to increase its parking penalties. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 402, a bill to allow the Town of Lake Lure to sell certain property at private sale. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 201, a bill to regulate the shining of lights in deer areas in Moore County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 17, 1985 



218 SENATE JOURNAL [Session 

H. B. 267, a bill to provide for staggered terms on the East Bend Town Board of 
Commissioners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 209, a bill to amend the General Statutes to provide express authorization for joint 
agencies to pledge, assign, mortgage or otherwise grant a security interest in any real or 
personal property or any interest therein, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Ranch, Redman, Royall, 
Sawyer, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 49. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, and to provide for the venue for actions 
involving such agencies, upon second reading. 

On motion of Senator Ranch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 49, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Ranch, Redman, Royall, 
Sawyer, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 49. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

H. B. 119 (Senate Committee Substitute), a bill to restrict the partial gasoline and 
special fuels tax exemption for alcohol fuels to fuels produced in North Carolina from 
agricultural or forestry products, and to provide that the special exemption is repealed if 
this restriction is declared unconstitutional, upon second reading. 

On motion of Senator Hardison, consideration of the Senate Committee Substitute bill 
is postponed until Wednesday, April 24. 

S. B. 39 (Committee Substitute No. 2), a bill to make the use of seat belts in motor 
vehicles mandatory, upon third reading. 

Senator Kincaid offers Amendment No. 5 which fails of adoption (electronically re- 
corded). 



April 17, 1985 



1985] SENATE JOURNAL 219 

Senator Winner calls the previous question, seconded by Senator Royall. The call is 
sustained. 

The Committee Substitute bill No. 2 passes its third reading (electronically recorded) 
and is ordered sent to the House of Representatives. 

S. B. 62 (Committee Substitute), a bill to make the parole consequences of all life 
sentences the same. 

Senator Winner calls the previous question, seconded by Senator Rand. The call is 
sustained. 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Swain to its third reading, the Committee Substitute bill 
remains on the Calendar for further consideration upon third reading. 

S. B. 210, a bill to authorize municipahties to name up to two alternate commissioners to 
a joint agency and a joint municipal assistance agency. 

On motion of Senator Rauch, Committee Amendments No. 1 and No. 2 are adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 109, a bill to allow an officer charged with serving a summary ejectment summons 
to determine whether to telephone the defendant before attempting personal delivery of 
the summons. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 252, a bill to permit the sale of products produced by inmates to public institutions 
outside the State of North Carolina. 

Senator Soles offers a motion that the bill be re-referred to the Judiciary I Committee. 

Senator Barnes offers a substitute motion that the bill be taken from today's Calender 
and placed on the Calendar for Thursday, April 18, which motion prevails. 

H. B. 312, a bill to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option. 

On motion of Senator Staton, consideration of the bill is postponed until Thursday, April 
18. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: 

S. B. 128, a bill to appropriate funds to the Division of Mental Health, Mental Retarda- 
tion and Substance Abuse Services, Department of Human Resources, for the purpose of 
promoting equalization of State appropriated matching funds to area authorities, with a 
favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Committee. 

S. B. 203, a bill to authorize local health directors to enter contracts, with a favorable 
report. 



April 17, 1985 



220 SENATE JOURNAL [Session 

S. B. 202, a bill to make technical changes in the public health law and related laws, with 
a favorable report, as amended. 

S. B. 222, a bill to repeal the certification requirement for laboratories performing 
syphilis serologies, with a favorable report, as amended. 

By Senator Staton for the Judiciary II Committee. 

H. B. 251 (Committee Substitute), a bill to amend the law regarding public hospital 
bidding procedures, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Staton, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, April 22. 

On motion of Senator Harrington, seconded by Senator Plyler, the Senate adjourns to 
meet tomorrow, Thursday, April 18, at 1:30 P.M. 



FIFTY-THIRD DAY 



, , . Senate Chamber, 

Thursday, April 18, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Frank B. Mayes, Associate Minister, First Presby- 
terian Church, Gastonia, as follows: 

"Oh, Thou Who has made it very clear that it is our duty to pray for one another, hear us 
now as we pray for Thy servants who labor in this place of authority and legislation, and 
even though the task might be confusing and frustrating and laborious, give to them clear 
minds, compassionate hearts and willing spirits, so that indeed the cause of justice in fair 
government might be upheld. Encourage them in their work, Lord, lest in a world of 
complex systems and distorted values they should feel their work is in vain. 

"Give us courage to stand for Thy truth and the willingness to sacrifice comforts and 
privileges that Your Kingdom may come among us. 

"These prayers we offer for Thy Name's sake. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Johnson of Cabarrus, McDuffie, and 
Winner for today and tomorrow, Friday, April 19. A leave of absence granted previously 
to Senator Guy is noted. 

The President extends courtesies of the gallery to Michael Mullins, former Senator 
from Mecklenburg County. 



April 18, 1985 



1985] SENATE JOURNAL 221 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 112, an act abolishing the advisory board of the North Carolina School of the Arts. 
(Ch. 101) 

H. B. 109, an act to allow an officer charged with serving a summary ejectment 
summons to determine whether to telephone the defendant before attempting personal 
delivery of the summons. (Ch.l02) 

H. B. 201, an act to regulate the shining of lights in deer areas in Moore County. 
(Ch. 103) 

H. B. 267, an act to provide for staggered terms on the East Bend Town Board of 
Commissioners. (Ch. 104) 

H. B. 402, an act to allow the Town of Lake Lure to sell certain property at private sale. 
(Ch. 105) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Speed for the Agriculture Committee: 

S. B. 74, a bill to provide a refundable income tax credit for the 1985 marketing 
assessments on North Carolina tobacco producers under the no net cost tobacco program, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Speed, the rules are suspended and the Committee Substitute bill 
which changes the title to read, S. B. 74, a bill to provide an income tax deduction for 
marketing assessments on tobacco grown in North Carolina, is placed before the Senate 
for immediate consideration. 

On motion of Senator Speed, the Committee Substitute bill is adopted and on his further 
motion is re-referred to the Finance Committee. 

By Senator Warren for the Transportation Committee: 

S. B. 139, a bill to authorize the Department of Transportation to participate in the 
nonbetterment costs of adjustment or relocation of municipally owned utilities in existing 
State highway system rights-of-way on State highway system improvements let to 
contract, with a favorable report. 

H. B. 255, a bill to clarify statutory references relating to overloading of motor vehicles, 
with a favorable report. 

S. B. 233, a bill to amend Chapter 136 of the General Statutes to provide for service 
upon the Department of Transportation, with a favorable report, as amended. 

By Senator Staton for the Judiciary II Committee: 



April 18, 1985 



222 SENATE JOURNAL [Session 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills, with a favorable report. 

By Senator Hardison for the Commerce Committee: 

H. B. 57 (Committee Substitute), a bill to modify the definition of utility for purposes of 
imposing sales tax on certain utility services and to allow all municipalities or State 
agencies that sell electricity or piped natural gas a three percent (3%) deduction on their 
markup, with a favorable report. 

On motion of Senator Hardison, the Committee Substitute bill is re-referred to the 
Finance Committee. 

H. B. 258, a bill to provide for the continuation of the Utility Review Committee as the 
Joint Legislative Utility Review Committee, with a favorable report. 

On motion of Senator Hardison, the bill is re-referred to the Appropriations Com- 
mittee. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 256, a bill to authorize appellate judges to have more than one law clerk, with a 
favorable report. 

On motion of Senator Soles, the bill is re-referred to the Appropriations Committee. 

S. B. 257, a bill to create the State Judicial Center Commission and to appropriate funds 
for its operation, with a favorable report. 

On motion of Senator Soles, the bill is re-referred to the Appropriations Committee. 

S. B. 269, a bill to allow civil motions to be heard outside county, with a favorable 
report. 

S. B. 267, a bill to protect jurors from firings because of jury service, with an unfavor- 
able report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 141, a bill to continue unreduced service retirement benefits at age sixty with 
twenty-five years of service in the Teachers' and State Employees' Retirement System, 
with a favorable report and no recommendation as to appropriations. 

On motion of Senator Marvin, the bill is re-referred to the Appropriations Committee. 

S. B. 348, a bill to consider the effects of unencumbered actuarial gains upon employer 
or State contributions to and unfunded accrued liabilities of retirement and pension plans 
administered by the State, with a favorable report. 

S. B. 146, a bill to increase the Confederate widows' pension, with a favorable report, as 
amended. <»> 

By Senator Hipps for the Children and Youth Committee: 

H. B. 124, a bill to make domestic violence remedies appUcable to children, with a 
favorable report. 

By Senator Barnes for the Judiciary I Committee: 



April 18, 1985 



1985] SENATE JOURNAL 223 

S. B. 236, a bill to amend the statute permitting the appointment of traffic control 
officers and establishing their duties to apply uniformly throughout the State, with a 
favorable report. 

By Senator Swain for the Judiciary III Committee: 

H. B. 12, a bill regarding a certificate of resale, with a favorable report. 

On motion of Senator Swain, the bill is re-referred to the Finance Committee. 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 
development activities, with a favorable report, as amended. 

S. B. 310, a bill to authorize temporary custody of absconding juveniles by the Joint 
Security Force outside territory, with a favorable report, as amended. 

H. B. 28 (Committee Substitute), a bill to provide that Rule 56 of the Rules of Civil 
Procedure shall apply to actions for absolute divorce, with a favorable report, as amended. 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine, with a favorable 
report, as amended. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calendar for 
Tuesday, April 23. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Martin of Guilford offers a motion that the following joint resolution filed for 
introduction be held in filed status, which motion prevails: 

By Senators Martin of Guilford, Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright: 

S. J. R. 373, a joint resolution authorizing the Legislative Research Commission to 
study the Community Colleges System. 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Thomas of Henderson: 

S. B. 369, a bill to prohibit taking bear with bait. 

Referred to Natural and Economic Resources and Wildlife Committee, 

By Senators Marvin and Watt: 

S. B. 370, a bill to provide that copies of protective orders issued in domestic violence 
cases may be retained by county police departments. 
Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 



April 18, 1985 



224 SENATE JOURNAL [Session 

S. B. 371, a bill to allow investments in obligations issued, assumed or guaranteed by 
the African Development Bank. 
Referred to Insurance Committee. 

By Senators Kincaid and Wright: 

S. B. 372, a bill to amend the North Carolina Constitution to limit the number of days 
the General Assembly may remain in Session each year. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Staton: 

S. B. 374, a bill to disallow as deductions interest on the North Carolina inheritance tax, 
the federal estate tax, and on funds borrowed to pay such taxes. 
Referred to Finance Committee. 

By Senators Staton, Ballenger, Barnes, Guy, Hardison, Harrington, Harris, Hipps, 
Hunt of Moore, Johnson of Wake, Kincaid, Martin of Guilford, Marvin, Parnell, Plyler, 
Rauch, Redman, Royall, Soles, Speed, Swain, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Winner, Woodard, and Wright. 

S. J. R. 375, a joint resolution honoring the life and memory of Ruth Whetstone Holmes. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Rauch and Harris: 

S. B. 376, a bill to amend the definition of sales price for purposes of determining sales 
tax due on items sold in vending machines. 
Referred to Finance Committee. 

By Senator Basnight: 

S. B. 377, a bill to appropriate funds for the David Stick Library. 
Referred to Appropriations Committee. 

By Senators Rand, Hardison, Kaplan, Marvin, Plyler, Royall, Tally, Thomas of Hen- 
derson, Walker, and Ward: 

S. B. 378, a bill to clarify that defendants convicted of drug trafficking or conspiring to 
commit drug trafficking may notavoid the fines imposed for these offenses by serving an 
additional thirty days in prison. 

Referred to Judiciary IV Committee. 

By Senators Rand, Kaplan, Marvin, Plyler, Royall, Swain, Tally, Thomas of Hender- 
son, and Walker: 

S. B. 379, a bill to prohibit discrimination in the business of life and accident and health 
insurance and annuities against persons who are blind or partially blind. 
Referred to Insurance Committee. 

By Senators Rand, Soles, and Winner: 

S. B. 380, a bill to allow the Chief Justice to recall retired justices and judges to assist 
the Appellate Division in expediting its work. 
Referred to Judiciary IV Committee. 



April 18, 1985 



1985] SENATE JOURNAL 225 

By Senators Rand, Soles, and Winner: 

S. B. 381, a bill to implement a constitutional amendment approved by the voters by 
providing for temporary service by retired State Supreme Court justices on either the 
Supreme Court or the Court of Appeals. 

Referred to Judiciary IV Committee. 

By Senators Thomas of Craven, Martin of Guilford, and Plyler: 

S. B. 382, a bill to coordinate election precinct boundaries with those of census blocks 
used by the U.S. Census and to provide additional statistical information for redistricting 
purposes in 1991 and thereafter. 

Referred to Election Laws Committee. 

By Senators Sawyer, Ballenger, Johnson of Cabarrus, Kincaid, McDuffie, Redman, 
Shaw, Simpson, Smith, Somers, and Wright: 

S. B. 383, a bill to amend Chapter 15A, Article 81A of the General Statutes to add as an 
aggravating factor that defendant's acts caused the death of an unborn child. 
Referred to Judiciary I Committee. 

By Senators Sawyer, Ballenger, Johnson of Cabarrus, Kincaid, McDuffie, Redman, 
Shaw, Simpson, Smith, Somers, and Wright: 

S. B. 384, a bill to amend Chapter 15A, Article 100 of the General Statutes to add as an 
aggravating factor that the murder resulted in the death of an unborn child. 
Referred to Judiciary I Committee. 

By Senators Johnson of Wake, Barnes, Harrington, Parnell, Rand, Royall, Speed, 
Staton, Taft, Thomas of Craven, Winner, and Woodard: 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees. 
Referred to Insurance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 269, a bill to amend G. S. 20-288(e) relating to dealer bonds. 
Referred to Transportation Committee. 

H. B. 270, a bill to amend G. S. 20-294 relating to dealer licenses. 
Referred to Transportation Committee. 

H. B. 303, a bill to restore to the Governor power to prepare and administer the budgets 
of the State Treasurer, State Auditor, and Administrative Officer of the Courts. 
Referred to Appropriations Committee. 

H. B. 370, a bill to authorize the Commission for Health Services to exempt children 
already enrolled in school from new immunization requirements. 
Referred to Human Resources Committee. 



April 18, 1985 



226 SENATE JOURNAL [Session 

H. B. 435, a bill to add an additional factor in division of marital property. 
Referred to Judiciary III Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 215, a bill to incorporate the Village of Bald Head Island, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Watt, Woodard, and Wright^-43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 83, a bill to revise and consoUdate the Charter of the Town of Wendell and to 
repeal prior local acts, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Watt, Woodard, and Wright^^3. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 315, a bill to revise and consolidate the Charter of the Town of Elon College, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 330, a bill to incorporate a satellite area within the corporate limits of the City of 
Mount Holly, upon third reading. 
The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, 
Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, 
Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, 
Walker, Ward, Warren, Watt, and Wright — 44. 



April 18, 1985 



1985] SENATE JOURNAL 227 

Voting in the negative: None. 
The bill is ordered enrolled. 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, and to provide for the venue for actions 
involving such agencies, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, 
Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 209, a bill to amend the General Statutes to provide express authorization for joint 
agencies to pledge, assign, mortgage or otherwise grant a security interest in any real or 
personal property or any interest therein, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Woodard, and Wright — 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S. B. 62 (Committee Substitute), a bill to make the parole consequences of all life 
sentences the same, upon third reading. 

Without objection, consideration of the Committee Substitute bill is postponed until 
Tuesday, April 23. 

S. B. 202, a bill to make technical changes in the public health law and related laws. 
On motion of Senator Harris, Committee Amendments No. 1 and No. 2 are adopted. 
On motion of Senator Harris, the bill, as amended, is recommitted to the Human 
Resources Committee. 

S. B. 203, a bill to authorize local health directors to enter contracts. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 222, a bill to repeal the certification requirement for laboratories performing 
syphilis serologies. 

On motion of Senator Redman, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 



April 18, 1985 



228 SENATE JOURNAL [Session 

H. B. 72 (Senate Committee Substitute), a bill to clarify that the legislative review of 
proposals to Ucense new occupations and professions includes commissions. 

The Senate Committee Substitute bill passes its second reading (electronically re- 
corded). 

Senator Hipps objects to its third reading, which objection he subsequently withdraws. 
The Senate Committee Substitute bill passes its third reading and is ordered sent to the 
House of Representatives for concurrence in the Senate Committee Substitute bill. 

H. B. 252, a bill to permit the sale of products produced by inmates to pubHc institutions 
outside the State of North Carolina. 

Senator Kaplan offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 312, a bill to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Barnes to its third reading, the bill remains on the Calendar for 
Monday, April 22, for further consideration, upon third reading. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills and resolutions pre- 
viously introduced: 

Senator Sawyer: 

S. B. 378, a bill to clarify that defendants convicted of drug trafficking or conspiring to 
commit drug trafficking may not avoid the fines imposed for these offenses by serving an 
additional thirty days in prison. 

S. B. 380, a bill to allow the Chief Justice to recall retired justices and judges to assist 
the Appellate Division in expediting its work. 

S. B. 381, a bill to implement a constitutional amendment approved by the voters by 
providing for temporary service by retired State Supreme Court justices on either the 
Supreme Court or the Court of Appeals. 

Senators Kincaid and Simpson: 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees. 

On motion of Senator Rauch, seconded by Senator Kaplan, the Senate adjourns in 
memory of the six million Jews and others killed in the Holocaust on the 40th Anniversary 
of the Holocaust, to meet tomorrow, Friday, April 19, at 10:00 A.M. 



April 18, 1985 



1985] SENATE JOURNAL 229 

FIFTY-FOURTH DAY 

Senate Chamber, 
Friday, April 19, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Harold F. Leatherman, Pastor, First United 
Methodist Church, Rockingham, as follows: 

"Eternal God, our Father, when You made the earth. You could have finished it. But 
You didn't. Instead You left it as raw material — to challenge, to set us to thinking, to risk 
and to adventure into the unknown. It is in this arena we find our supreme interest in 
Uving and in serving. 

"You gave us the challenge of raw materials, not the satisfaction of perfect, finished 
things. 

"You left us a world, a state, and varied communities to build, in order that all Your 
children might become involved in stimulating, exciting and creative activities, resulting 
in a full and rich life for each of us. 

"Dear God, grant these. Your servants, a special sense of Your presence and wisdom, as 
they seek to be Your servants and thus, co-laborers with You, creating a world and state, 
wherein all persons may have the opportunity to become the person You created them to 
be. In the name of the Creator of all. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Cobb, Guy, Kincaid, McDuffie, and 
Winner for today. 
A leave of absence granted previously to Senator Johnson of Cabarrus is noted. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 67, an act to give the surviving cotenant of a lock box access to life insurance 
policies stored in the box. (Ch. 106) 

H. B. 83, an act to revise and consohdate the Charter of the Town of Wendell and to 
repeal prior local acts. (Ch. 107) 

H, B. 231, an act to permit the taking of foxes in Hoke and Robeson Counties and in part 
of Scotland County. (Ch. 108) 

H. B. 315, an act to revise and consolidate the Charter of the Town of Elon College. 
(Ch. 109) 

H-. B. 330, an act to incorporate a satellite area within the corporate limits of the City of 
Mount Holly. (Ch. 110) 



April 19, 1985 



230 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barnes: 

S. B. 386, a bill to delete the additional fee often dollars for special hcense plates issued 
to members of fire departments and rescue squads. 

Referred to Finance Committee. v 

By Senator Barnes: ' 

S. B. 387, a bill to exempt fire and emergency vehicles from light-traffic road weight 
limitations. 

Referred to Transportation Committee. 

By Senators Swain, Goldston, Hipps, Hunt of Moore, Marvin, Tally, Thomas of Hen- 
derson, and Woodard: 

S. B. 388, a bill to establish the Western Correcton Center for Women at Black 
Mountain. 
Referred to Judiciary III Committee. 

By Senators Kaplan, Marvin, and Royall: ' . 

S. B. 389, a bill to modify the retirement actuarial note requirement. 
Referred to Pensions and Retirement Committee. 

By Senators Goldston, Ballenger, Barnes, Basnight, Conder, Ezzell, Hardison, Hipps, 
Huntof Durham, Jordan, Kaplan, Martin of Pitt, McDuffie, Plyler, Price, Rand, Redman, 
Royall, Sawyer, Shaw, Smith, Thomas of Henderson, Warren, Winner, and Wright: 

S. B. 390, a bill to change the holiday for Easter from Easter Monday to Good Friday. 
Referred to State Government Committee. 

By Senator Ward: 

S. B. 391, a bill to improve the special education hearing process. 
Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 234 (Committee Substitute), a bill to clarify interest relating to judgments and 
provide for interest on noncontract judgments regardless of insurance coverage. 
Referred to Judiciary IV Committee. 

H. B. 366, a bill to aboHsh the Office of Coroner in Greene County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 424, a bill to allow the Burke County Board of Education to build a school on land 
leased from the State. 

Referred to Local Government and Regional Affairs Committee. 



April 19, 1985 



1985] SENATE JOURNAL 231 

H. B. 425, a bill to permit Wayne County and the cities located there to regulate 
abandoned, junked vehicles for aesthetic purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 431, a bill to correct the qualification and term of Alamance County Board of 
Education members. 
Referred to Local Government and Regional Affairs Committee. 

H, B. 439, a bill to permit certain nonstudents to ride on school buses in Yadkin County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 440, a bill concerning notices of street closings by the City of Durham. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 465, a bill to establish the extraterritorial planning jurisdiction for the Town of 
Blowing Rock. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 478, a bill to provide that vacancies in the Yadkin County Board of Education shall 
be filled until the next election. 

Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 707, a joint resolution providing for a Joint Session of the Senate and House of 
Representatives at 1:30 o'clock P.M. Wednesday, April 24, 1985, and providing for 
consideration at that Session of confirmation of the Governor's appointments to the State 
Board of Education, 

On motion of Senator Ward, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

Senator Hipps requests to be recorded voting "aye." 

The joint resolution passes its second and third readings and is ordered enrolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
(The Chair declares the voting equipment inoperative for a portion of today's session.) 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills, upon second reading. 

On motion of Senator Plyler, consideration of the bill is postponed until Friday, 
April 26. 

S. B. 176, a bill to clarify the authority of cities and counties to undertake economic 
development activities, as amended, upon second reading. 

On motion of Senator Conder, Committee Amendment No. 3 is adopted; changing the 
title to read, S. B. 176, a bill to clarify the authority of Stanly County and the municipali- 
ties therein to undertake economic development activities. 

The bill, as amended, passes its second reading by roll-call vote, ayes 36, noes 0, as 
follows: 



April 19, 1985 



232 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Goldston, 
Hardison, Harrington, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, 
Kaplan, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Royall, Sawyer, Shaw, Smith, Speed, Taft, Tally, Thomas of Craven, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Woodard, and Wright — 36. r 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 139, a bill to authorize the Department of Transportation to participate in the 
nonbetterment costs of adjustment or relocation of municipally owned utiHties in existing 
State highway system rights-of-way on State highway system improvements let to 
contract. 

On motion of Senator Warren, consideration of the bill is postponed until Monday, 
April 22. 

S. B. 146, a bill to increase the Confederate widows' pension. 
On motion of Senator Royall, the Committee Amendment No. 1 adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 236, a bill to amend the statute permitting the appointment of traffic control 
officers and estabUshing their duties to apply uniformly throughout the State. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 269, a bill to allow civil motions to be heard outside county. 
On motion of Senator Barnes, consideration of the bill is postponed until Tuesday, 
April 23. 

S. B. 310, a bill to authorize temporary custody of absconding juveniles by the Joint 

Security Force outside territory. 
On motion of Senator Swain, Committee Amendment No. 1 is adopted. ' 
The bill, as amended, passes its second and third readings and is ordered engrossed and 

sent to the House of Representatives. 

S. B. 348, a bill to consider the effects of unencumbered actuarial gains upon employer 
or State contributions to and unfunded accrued HabiUties of retirement and pension plans 
administered by the State. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 233, a bill to amend Chapter 136 of the General Statutes to provide for service 
upon the Department of Transportation. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

H. B. 124, a bill to make domestic violence remedies applicable to children. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 



April 19, 1985 



1985] SENATE JOURNAL 233 

H. B. 255, a bill to clarify statutory references relating to overloading of motor vehicles. 
The bill passes its second reading. 

On objection of Senator Thomas of Craven to its third reading, the bill remains on the 
Calendar for further consideration upon third reading. 

H. B. 28 (Committee Substitute), a bill to provide that Rule 56 of the Rules of Civil 
Procedure shall apply to actions for absolute divorce. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

On motion of Senator Swain, further consideration of the Committee Substitute bill, as 
amended, is postponed until Tuesday, April 23. 

On motion of Senator Harrington, seconded by Senator Taft, the Senate adjourns to 
meet Monday, April 22, at 8:00 P.M. 



FIFTY-FIFTH DAY 



Senate Chamber, 
Monday, April 22, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend James H. Miller, Jr., First United Methodist 
Church, Cary, as follows: 

"Our Father, we assemble here tonight with gratitude for a weekend of rest and 
relaxation and for weekend journeys safely made. Even as we are gathered here, we are 
mindful of concerns that are some miles from here, people loved and causes cherished. We 
know that we do not need to ask for Your presence here or for Your blessings upon the 
deliberations of this Body, but we do need to ask that You help the members of this Senate 
to be aware of Your presence and responsive to Your guidance when all about there is the 
clamor of those who seek to influence decisions. To those entrusted with legislative 
responsibilities You have given wisdom, compassion, a sense of justice, a sense of right 
and wrong. Grant that in the decisions of this week they may be found faithful in the 
discharge of their responsibilities and the use of Your gifts, and that the great State of 
North Carolina and its people may be the beneficiary. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal for Friday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Hipps, Conder, and Simpson for 
tonight, and to Senator McDuffie for tonight through Friday, April 22 through April 26. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 121, an act to revise and consolidate the Charter of the Town of Marietta and to 
repeal prior local acts. (Ch. HI). 



April 22, 1985 



234 SENATE JOURNAL [Session 

S. B. 124, an act to put Buncombe County under the statewide fox hunting law. 
(Ch. 112) 

H. B. 124, an act to make domestic violence remedies applicable to children. (Ch. 113) 

H. J. R. 707, a joint resolution providing for a Joint Session of the Senate and House of 
Representatives at 1:30 o'clock P.M. Wednesday, April 24, 1985, and providing for 
consideration at that Session of confirmation of the Governor's appointments to the State 
Board of Education. (Res. 6) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Hardison for the Commerce Committee: 

S. B. 156, a bill to amend Chapters 24 and 45 to provide for equity lines of credit, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Hardison, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Hardison, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for tomorrow, April 23. 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 375, a joint resolution honoring the life and memory of Ruth Whetstone Holmes, 
with a favorable report. 

On motion of Senator Harrington, the joint resolution is placed on the Calendar for 
tomorrow, April 23, and on his further motion is set as Special Order of Business No. 1. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ballenger and Wright: 

S. B. 392, a bill to provide the North CaroUna government-in-the-sunshine law. 
Referred to Judiciary I Committee. 

By Senators Taft, Barnes, Goldston, Harrington, Hipps, Hunt of Durham, Johnson of 
Wake, Jordan, Kaplan, Martin of Pitt, Martin of Guilford, Parnell, Plyler, Price, Rand, 
Royall, Sawyer, Smith, Thomas of Craven, Thomas of Henderson, Walker, and Woodard: 

S. B. 393, a bill to clarify the jurisdiction of grand juries. 
Referred to Judiciary III Committee. 

By Senators Rand, Conder, Goldston, Hardison, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Marvin, Plyler, Price, Royall, Tally, Thomas of Henderson, 
Ward, Warren, Watt, and Woodard: 



April 22, 1985 



1985] SENATE JOURNAL 235 

S. B. 394, a bill to establish a general statewide cash management policy for the State of 
North CaroUna. 
Referred to State Government Committee. 

By Senators Rand, Goldston, Hardison, Harrington, Hunt of Durham, Kaplan, Plyler, 
and Walker: 

[ S. B. 395, a bill to expand the offense of armed robbery to include robberies in which a 

simulated weapon or a real but inoperable weapon is used. 
Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, Conder, Goldston, Hardison, Hipps, Hunt of Durham, 
Hunt of Moore, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, Plyler, Price, 
Royall, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, and Woodard: 

S. B. 396, a bill making technical and clarifying amendments concerning criminal law 
and procedure, and to restore the increased punishment for felony child abuse that was 
inadvertently repealed by the 1983 General Assembly. 

Referred to Judiciary IV Committee. 

By Senators Thomas of Henderson, Barnes, Conder, Harrington, Hipps, Martin of 
Pitt, Parnell, Plyler, Rand, Speed, Taft, Thomas of Craven, Walker, and Warren: 

S. B. 397, a bill to classify individually owned and used farm machinery and exclude it 
from property taxation. 

Referred to Finance Committee. 

By Senators Sawyer, Ballenger, Martin of Guilford, Shaw, and Taft: 

S. B. 398, a bill to raise the age limit for expunging the criminal record of a mis- 
demeanant first offender, or a person charged but not convicted of a crime, from eighteen 
to twenty-one. 

Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 83, a bill to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance, for concurrence in House 
Amendment No. 1 which is placed on the Calendar for tomorrow, April 23, 

H. B. 204, a bill to provide better notice to persons whose voter registration is being 
purged for failure to vote. 

Referred to Election Laws Committee. 

H. B. 222 (Committee Substitute), a bill to provide broad-based tax reUef to North 
Carolina citizens. 
Referred to Finance Committee. 

H. B. 334 (Committee Substitute), a bill to permit municipal land planning ordinances to 
permit money instead of land dedication for recreational purposes. 
Referred to Judiciary II Committee. 



April 22, 1985 



236 SENATE JOURNAL [Session 

H. B. 343, a bill to increase the State Board of Community Colleges. 
Referred to Rules and Operation of the Senate Committee. 

H. B. 360, a bill to require that when condemned land is no longer needed it shall first be 
offered to the owner from whom it was purchased. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 362, a bill amending the Asheville Charter concerning the voting rights of the 
mayor. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 390, a bill to clarify the insignia to be placed on military reserve license plates. 
Referred to State Government Committee. 

H. B. 393, a bill to permit the taking of foxes in Avery County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 422, a bill to redistrict the Cumberland County Board of Education, and to 
appoint two persons to the Cumberland County Interim Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 438, a bill to revise the Charter of the Town of Patetown. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 446, a bill to prevent taking wild turkeys with rifles. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 472, a bill to authorize the Town of Ahoskie to join in conveyance of industrial 
development corporation property. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 477, a bill to repeal the permission for persons to engage in business as pawnbrok- 
ers in the unincorporated areas of Dare County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 495, a bill to repeal the Umitation on media expenses in certain statewide races, 
which has been declared unconstitutional. 
Referred to Election Laws Committee. 

H. B. 505, a bill to amend the school budget and fiscal control act concerning approval of 
expenditures some or all of which are to be paid in ensuing fiscal years. 
Referred to Education Comittee. 

H. B. 525, a bill to prohibit hunting on the land of another without his permission in 
Hoke County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 526, a bill to regulate hunting with rifles in Hoke County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



April 22, 1985 



1985] SENATE JOURNAL 237 

S. B. 176, a bill to clarify the authority of Stanly County and the municipalities therein 
to undertake economic development activities, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 42, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Goldston, Guy, 
Hardison, Harrington, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Plyler, Price, Rand, 
Rauch, Redman, Royall, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, 
Woodard, and Wright — 42. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

H. B. 255, a bill to clarify statutory references relating to overloading of motor vehicles, 
upon third reading. 
The bill passes its third reading (electronically recorded) and is ordered enrolled. 

H. B. 312, a bill to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option, upon third reading. 
The bill passes its third reading (electronically recorded) and is ordered enrolled. 

S. B. 139, a bill to authorize the Department of Transportation to participate in the 
nonbetterment costs of adjustment or relocation of municipally owned utilities in existing 
State highway system rights-of-way on State highway system improvements let to 
contract. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 251 (Senate Committee Substitute), a bill to amend the law regarding public 
hospital bidding procedures. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

REMOVAL FROM CALENDAR 

S. B. 269, a bill to allow civil motions to be heard outside county. 
On motion of Senator Barnes, the bill is taken from the Calendar for Tuesday, April 23, 
and re-referred to the Judiciary I Committee. 

The President recognizes the following pages serving in the Senate this week: Robert 
Christopher Alford, Wake Forest; Brian J. Boswell, Havelock; Robert G. Bryant, Rocky 
Mount; Lisa Raynette Chance, Raleigh; Tracey Marietta Covington, Rockingham; Anna 
Eagles Curtis, Rocky Mount; Jack Fisher, Winston-Salem; Evelyn B. Horrell, Richlands; 
Melissa Dawn Jones, Reidsville; Sonya K. Moore, Raleigh; Jannette Suzanne Pippin, 
Jacksonville; Ele Stokes, Richlands; Katherine Anita Taafe, Murphy; Kelly Turner, 
Jacksonville; Kimberly Camille West, Raleigh; Judith Lynn Wilson, Raleigh; and Stepha- 
nie Lynn Yelton, Clinton. 

On motion of Senator Harrington, seconded by Senator Marvin, the Senate adjourns in 
memory of Mrs. Admanda Hunt Allen, mother of Senator Ralph Hunt, to meet tomorrow, 
Tuesday, April 23, at 1:30 P.M. 



April 22, 1985 



238 SENATE JOURNAL [Session 

FIFTY-SIXTH DAY 

Senate Chamber, 
Tuesday, April 23, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B, Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of Strength, we need Thy presence here, for we feel under pressure from all 
sides. Our party leaders, our political opponents, our constituents, the lobbyists, and the 
news media — all seek to pressure us into supporting their positions on tax reform, the 
budget, the veto, and all other major bills. Give us the determination to examine all sides 
of each issue and the pros and cons of each bill. Grant us the wisdom to discern what is best 
for the citizens of our fair State; and then grant us the courage to speak our mind and to 
vote our personal convictions. 

"0 God of Tolerance, in our zeal to support a given issue or a particular bill, dehver us 
from the temptation to attack the integrity of those whose views may be exactly opposite 
from ours. Grant that we may debate each bill on its own merits. Dehver us from the 
temptation to attack the character of fellow legislators; and give us strength to withstand 
attempts at character assassination which may be aimed at us. Give us grace to debate the 
issues in committee and in this Chamber instead of in the media; and help us to stand up 
firmly for what we believe; but grant us also tolerance for those whose opinions may differ 
sharply with our own; and let us give them the right to stand as firmly for their convictions 
as we do for our own. 

"0 God of Compassion, make us sensitive to the hurts and needs of others. Help us to 
become good listeners; so that we may hear what our family members, our co-workers, 
our friends, and our constituents are trying to say to us. Give us hearts of compassion, so 
that we may be touched by the hurt and pain of others; equip us to reach out with 'the touch 
of tenderness' to those about us who long for some expression of love and support: and help 
us to enact laws which will minister effectively to the needs of all the people of our State. 

"0 God of Life, we thank Thee for the Ufe of Thy servant, Ruth Holmes. We thank Thee 
for the example and for the life which she shared with us. Grant that we, too, may come, 
like her, to hve a life of service to others. For this we ask in Your Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator McDuffie is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 32, an act to simplify the alcoholic beverage tax statutes. (Ch. 114) 

H. B. 200, an act to regulate hunting with rifles in certain townships of Moore County. 
(Ch. 115) 



April 23, 1984 



1985] SENATE JOURNAL 239 

H. B. 255, an act to clarify statutory references relating to overloading of motor 
vehicles. (Ch. 116) 

H. B. 312, an act to amend the Business Corporation Act to authorize corporations to 
issue stock redeemable at the shareholder's option. (Ch. 117) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 268, a bill to provide for initial randomization of the biennial jury list in counties 
using electronic data processing equipment for jury selection, with a favorable report. 

H. B. 302, a bill to further effectuate the separation of powers, with a favorable report. 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 
political parties to regulate the nomination of President and Vice President of the United 
States, with a favorable report, as amended. 

By Senator Speed for the Agriculture Committee: 

H. B. 277, a bill to increase the requirements for pesticide applicator licenses for pilots, 
with a favorable report. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 245, a bill concerning duties of the Durham City Inspection Department, with a 
favorable report. 

S. B. 281, a bill to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate Hmits with the approval of the County Board of 
Commissioners, with a favorable report. 

S. B. 316, a bill to clarify the law relating to acquisition by the City of Monroe of street 
right-of-way outside the corporate limits, with a favorable report. 

S. B. 352, a bill to expand the Catawba County Board of Education from five to seven 
members, with a favorable report. 

H. B. 64, a bill to authorize the Tyrrell County Board of Commissioners and the Tyrrell 
County Board of Education to enter into certain contracts without complying with the 
provisions of Chapter 183 and of Article 8 of Chapter 143 of the General Statutes, with a 
favorable report. 

H. B. 295 (Committee Substitute), a bill to move the election date for the Randolph 
County Board of Education from the primary to the general election, with a favorable 
report. 

H. B. 349, a bill to allow the Hertford County Board of Education to lease land to cities 
without finding that the land is unnecessary or undesirable for school purposes, with a 
favorable report. 



April 23, 1984 



240 SENATE JOURNAL [Session 

H. B. 359, a bill to allow Duplin County to make an addition to a county building with its 
own personnel, with a favorable report. 

H. B. 373, a bill to change the boundary line between the Town of Southern Shores and 
Kitty Hawk, with a favorable report. 

H. B. 394, a bill to eliminate the requirement in Scotland County that cosmetologists 
shall employ only Ucensed personnel to do shampooing, with a favorable report. 

S. B. 315, a bill to establish the boundary line between the Town of Landis and the City 
of Kannapolis, with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Johnson of Wake, Staton, and Woodard: 

S. B. 399, a bill to appropriate funds for the Mordecai Square Revolving Fund. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Staton, and Woodard: 

S. B. 400, a bill to appropriate funds for recreational equipment at the Dorothea Dix 
Adolescent Treatment Unit. 
Referred to Appropriations Committee. 

By Senators Ward, Hardison, Harris, Martin of Guilford, Marvin, Redman, Royall, 
Shaw, Speed, Swain, Tally, Walker, Warren, Woodard, and Wright: 

S. B. 401, a bill concerning services to individuals with developmental disabilities. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 402, a bill to appropriate funds for local schools' Willie M. Programs. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 403, a bill to repeal the requirement that the Legislative Services Commission 
appoint an independent auditor for expenditures under the North Carolina Election 
Campaign Fund. 

Referred to Election Laws Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 395, a bill to revise the Charter of the Town of Hookerton. 
Referred to Local Government and Regional Affairs Committee. 



April 23, 1984 



1985] SENATE JOURNAL 241 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
SPECIAL ORDER NO. 1 
S. J. R. 375 

The hour having arrived for the consideration of Special Order No. 1, the President of 
the Senate lays before the Senate Special Order No. 1, it being S. J. R. 375, a joint 
resolution honoring the life and memory of Ruth Whetstone Holmes. 

The President directs the Reading Clerk to read the joint resolution in its entirety. 

Courtesies of the gallery are extended to the family of Ruth Whetstone Holmes: 
Thomas H. Holmes, Thomas Scott Holmes, Dorothy Dupree Holmes, Jennifer Holmes 
Brock, Christopher Daniel Brock, and Erikson Brock; and to W. Craig Lawing, former 
Senator from Mecklenburg County and former President Pro Tempore of the Senate, and 
to Philip Godwin, former Senator from Gates County and former Speaker of the House of 
Representatives for whom Ruth Whetstone Holmes worked in the General Assembly. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered without objection, sent to the House of Representatives by special messenger. 

S. B. 62 (Committee Substitute), a bill to make the parole consequences of all life 
sentences the same, upon third reading. 
The Committee Substitute bill fails to pass its third reading (electronically recorded). 

H. B. 101 (Committee Substitute), a bill to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine, upon third reading. 

On motion of Senator Swain, Committee Amendment No. 3 is adopted. 

Senator Rand offers Amendment No. 4, Senator Swain, seconded by Senator Hardison, 
offers a motion that Amendment No. 4 do lie upon the table, which motion fails to prevail 
(electronically recorded). Senator Rand calls the previous question, seconded by Senator 
Harris. The call is sustained. Amendment No. 4 fails of adoption (electronically recorded). 

Senator Hipps offers Amendment No. 5. Senator Swain rises to a point of order stating 
that Amendment No. 5 is the same as previously offered and defeated. The Chair fails to 
sustain the point of order. Amendment No. 5 fails of adoption (electronically recorded). 

Senator Winner offers Amendment No. 6, which he subsequently withdraws. 

Senator Swain calls the previous question, seconded by Senator Rand. The call is 
sustained. The bill, as amended, passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 3. 

On motion of Senator Harrington, seconded by Senator Swain, the Senate adjourns in 
memory of Ruth Whetstone Holmes, to meet tomorrow, April 24, at 1:15 P.M. 



FIFTY-SEVENTH DAY 



Senate Chamber, 
Wednesday, April 24, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



April 24, 1985 



242 SENATE JOURNAL [Session 

Prayer is offered by the Reverend Paul L. Leeland, Saint Andrews United Methodist 
Church, Garner, as follows: 

"Almighty God, receive now our humble praise and glad service for that which sustains 
us, though we comprehend it not. Because Thou hast first loved us, we now love Thee, and 
in reverence, humble ourselves before Thee, Lord of hosts. 

"As entrusted leaders of our State, we confess that we have misunderstood and been 
misunderstood. We have misinterpreted and been misinterpreted. We have let frustra- 
tion anger us and allowed minor issues to seem primary. We, who love the people of this 
State, have often erred when trying to do right. Forgive our failures; bless our best 
efforts; and nurture us into godly men and women. 

"As people who are sometimes dependent upon the leadership of others, we confess we 
become impatient with their outdated, outmoded, and old-fashioned ideas. In that judg- 
ment we may be right; we may be wrong; but, Lord, do not let it corrode our respect for 
one another. Help us to honor our colleagues where honor is due and to obey when it is our 
reasonable service. 

"We confess that the demands upon our time have often divided us and caused us to be 
away from our famiUes. We confess the need to serve others and the privilege of family are 
difficult to keep in balance. Mold our character and multiply our patience so that time 
spent with our famiUes will be of the finest quality and lasting worth. 

"We acknowledge the special gifts and graces that are represented in this Assembly. 
Grant them moral fiber to stand for truth and goodness when all about them tempts 
toward the counterfeit and transitory. We would learn from one another. For those who 
serve as models of political integrity, we ask a measure of Thy understanding and an 
astute sense of Thy leadership. 

"Lord, let us seek peaceful accord in decision making, respect in discipline, and honor 
regardless of our differences. May our love for Thee be mirrored in our affection for one 
another. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Hunt of Durham due to the death of 
his mother. A leave of absence granted previously to Senator McDuffie is noted. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 252, an act to permit the sale of products produced by inmates to public 
institutions outside the State of North Carolina. (Ch. 118) 

S. J. R. 375, a joint resolution honoring the life and memory of Ruth Whetstone 
Holmes. (Res. 7) 



April 24, 1985 



1985] SENATE JOURNAL 243 

REPORTS OF COMMITTEES 

f 

Bills and resolutions are reported from standing committees, read by their titles, 

together with the reports accompanying them and take their place on the Calendar as 

follows: 

By Senator Harris for the Human Resources Committee: 

[ 

S. B. 274, a bill to amend Article 11, G. S. 130A, entitled "Sanitary Sewage Systems," 

with a favorable report. 

S. B. 319, a bill to permit the Division of Services for the Blind of the Department of 
Human Resources to operate vending machines on interstate highways and controUed- 
access highways, with a favorable report. 

S. B. 320, a bill to allow the Secretary of Human Resources to adopt rules on damage or 
theft of personal property belonging to employees, volunteers, and clients in institutions 
of the Department of Human Resources, with a favorable report. 

S. B. 338, a bill extending the provision of services under this Article to children over 
age eighteen in certain instances, with a favorable report. 

S. B, 341, a bill to provide for alternative arrangements for local program administra- 
tion, with a favorable report, as amended. 

I By Senator Plyler for the Appropriations Committee: 

H. B. 236, a bill to repeal Section 146 of Chapter 1034 of the 1983 Session (Regular 
Session, 1984) relating to the Comparable Worth Study, with a favorable report, as 
amended. 

■ By Senator Guy for the State Government Committee: 

S. B. 172, a bill to create a commission on State parks and recreation areas, with a 
favorable report. 
On motion of Senator Guy, the bill is re-referred to the Appropriations Committee. 

By Senator Thomas for the Finance Committee: 

S. B. 212, a bill to provide for fees to be collected by the North Carolina Board of 
Physical Therapy Examiners, with a favorable report. 

S. B. 149, a bill to allow a personal income tax exemption for certain types of spina 
bifida, with a favorable report, as amended. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 707 House of Representatives 

April 24, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to HJR 707, A JOINT RESOLUTION PROVIDING FOR A JOINT SESSION 



April 24, 1985 



244 SENATE JOURNAL [Session 

OF THE SENATE AND HOUSE OF REPRESENTATIVES AT 1:30 O'CLOCK P.M. 
WEDNESDAY, APRIL 24, 1985, AND PROVIDING FOR CONSIDERATION AT 
THAT SESSION OF CONFIRMATION OF THE GOVERNOR'S APPOINTMENTS 
TO THE STATE BOARD OF EDUCATION, the House of Representatives stands ready 
to receive the Senate in Joint Session at the appointed hour. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

The President orders a Special Message sent to the House of Representatives informing 
that Honorable Body that the Senate stands ready to repair to the Hall of the House 
pursuant to H. J. R. 707, a joint resolution providing for a Joint Session of the Senate and 
House of Representatives at 1:30 o'clock P.M., Wednesday, April 24, 1985, and providing 
for consideration at that session of confirmation of the Governor's appointments to the 
State Board of Education. 

On motion of Senator Harrington, in accordance with H. J. R. 707, the Senate recesses 
to repair to the Hall of the House of Representatives, there to sit in Joint Session, and on 
his further motion, upon dissolution of the Joint Session to return to the Senate Chamber 
for the further consideration of business. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, and 
the Joint Session is called to order by Lieutenant Governor Robert B. Jordan III, 
President of the Senate. 

The Clerk of the Senate calls the roll of the Senate and the following members answer 
the call: 

Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Shaw, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Winner, and Woodard — 44. 

The call of the roll of the House of Representatives is taken electronically and the 
following members answer the call: 

Speaker Ramsey, Representatives Allran, Anderson, Ballance, Barbee, Barker, 
Barnes, Barnhill, Beall, Beard, Bowman, Boyd, Brannan, Brawley, Brinkley, Brown, 
Brubaker, Buchanan, Bumgardner, Chalk, Chapin, Church, Cochrane, Cole, Colton, 
Craven, J. W. Crawford, N. J. Crawford, Creecy, Cromer, Dawkins, Decker, DeVane, 
Diamont, Duncan, Easterling, Edwards, Enloe, Esposito, Bob Etheridge, L. Etheridge, 
W. B. Ethridge, Evans, Fitch, Fletcher, Foster, Fussell, Gardner, Gist, Greenwood, 
Hackney, A. Hall, M. Hall, Hasty, Hauser, Hege, Hightower, Holmes, Holroyd, Hudson, 
Huffman, Hughes, Hunt, Hunter, Hurst, James, Jeralds, Jones, Keesee-Forrester, 
Kennedy, Lancaster, Ligon, Lilley, Lineberry, Locks, Lutz, McAlister, McDowell, 
McLaughlin, Mavretic, Michaux, Miller, Mothershead, Murphy, Nesbitt, Noles, Nye, 
Owens, Payne, Pool, Privette, Quinn, Redwine, Rhyne, Richardson, Robinson, Sparrow, 
Spoon, Stamey, Tyndall, Tyson, Walker, E. Warren, R. Warren, Watkins, Wicker, 
Windley, Wiser, Wood, B. P. Woodard, C. D. Woodard, and Wright^ll2. 



April 24, 1985 



1985] SENATE JOURNAL 245 

The President of the Senate declares a quorum of each House present. 

The President of the Senate directs the Reading Clerk of the Senate to read the 
following messages from the Governor: 

State of North Carolina 

Office of the Governor 

Raleigh 27611 

April 4, 1985 

The Honorable Robert B. Jordan III 
President of the Senate 
State Legislative Office Building 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor: 

I hereby transmit to you the names of the following persons appointed by me to the State 
Board of Education and submit them to the General Assembly for confirmation, pursuant 
to North Carolina General Statute Section 115C-10: 

1. Mebane M. Pritchett 
Orange County 
At-large member 

2. Mary Morgan 
Onslow County 
Education District No. 2 

3. Cary Caperton Owen 
Buncombe County 
Education District No. 8 

Sincerely, 

S/ James G. Martin 

Governor 

State of North Carolina 

Office of the Governor 

Raleigh 27611 

April 4, 1985 

The Honorable Liston Bryan Ramsey 
Speaker of the House 
State Legislative Building, Office 2317 
Raleigh, North Carolina 27611 

Dear Mr. Speaker: 

I hereby transmit to you the names of the following persons appointed by me to the State 
Board of Education and submit them to the General Assembly for confirmation, pursuant 
to North Carolina General Statute Section 115C-10: 



April 24, 1985 



246 SENATE JOURNAL [Session 

1. Mebane M. Pritchett 
Orange County 
At-large member 

2. Mary Morgan 
Onslow County 

Education District No. 2 ' 

3. Cary Caperton Owen 
Buncombe County 
Education District No. 8 

Sincerely, i 

S/ James G. Martin 
Governor 

Senator Winner, Chairman of the Senate Education Committee, submits the follow- 
ing report: 

The Honorable Robert B. Jordan III 
Lieutenant Governor of North CaroUna 
Raleigh, North Carolina 

Dear Mr. President: - 

In compliance with the provisions of North Carolina General Statute 115C-10 that 
nominees to fill positions on the State Board of Education shall be subject to confirmation 
by the General Assembly in Joint Session, Governor Martin has submitted for confirma- 
tion by the General Assembly the following names: 

1. Mebane M. Pritchett to be reappointed to an at large position with a term expiring 
April 1, 1993 to succeed himself. 

2. Mary Morgan, representing Education District 2 to a term expiring April 1, 1993 to 
succeed Dr. John L. Tart. 

3. Cary Caperton Owen, representing Education District 8, to a term expiring April 1, 
1993 to succeed Dr. Ben H. Battle. 

Pursuant to H. J. R. 707, the Senate Education Committee has considered the nominees 
and makes the following recommendation to this Joint Session: 

That the nominations of Mr. Mebane M. Pritchett, Mrs. Mary Morgan, and Mrs. Cary 
Caperton Owen be confirmed. 



Respectfully submitted, 



S/ Dennis J. Winner, Chairman 
Senate Education Committee 



Representative Foster, Chairman of the House Education Committee, submits the 
following report. 



April 24, 1985 



1985] SENATE JOURNAL 247 

The Honorable Liston B. Ramsey 
Speaker of the House of Representatives 
Raleigh, North Carolina 27611 

Dear Mr. Speaker: 

In compliance with the provisions of North Carolina General Statute 115C-10 that 
nominees to fill positions on the State Board of Education shall be subject to confirmation 
by the General Assembly in Joint Session, Governor Martin has submitted for confirma- 
tion by the General Assembly the following names: 

1. Mebane M. Pritchett to be reappointed to an at large position with a term expiring 
April 1, 1993 to succeed himself. 

2. Mary Morgan, representing Education District 2 to a term expiring April 1, 1993 to 
succeed Dr. John L. Tart. 

3. Gary Caperton Owen, representing Education District 8, to a term expiring April 1, 
1993 to succeed Dr. Ben H. Battle. 

Pursuant to H. J. R. 707, the House Committee on Education has considered the nominees 
and makes the following recommendation to this Joint Session: 

That the nominations of Mr. Mebane M. Pritchett, Mrs. Mary Morgan, and Mrs. Gary 
Caperton Owen be confirmed. 

Respectfully submitted, 

S/ Jo Graham Foster 

Chairman 

House Committee on Education 

Senator Winner moves that the Senate do confirm the appointment of Mebane Pritchett 
as a member-at-large of the State Board of Education. Representative Foster moves that 
the House of Representatives do confirm the appointment of Mebane Pritchett as a 
member-at-large of the State Board of Education. 

The President of the Senate order the roll of the Senate called and thereafter the roll of 
the House of Representatives, stating that the results of the vote of each Body shall be 
announced afterwards. 

The motions to confirm the appointment of Mebane Pritchett as a member-at-large of 
the State Board of Education prevail by the following roll-call votes: 

Senate — ayes 44, noes 1, as follows: 

Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, 
Price, Rand, Rauch, Redman, Royall, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Winner, and Woodard — 44. 

Voting in the negative: Senator Shaw — 1. 

House of Representatives — ayes 96, noes 6, as follows: 



April 24, 1985 



248 SENATE JOURNAL [Session 

Voting in the affirmative: Speaker Ramsey, Representatives Allran, Anderson, Bal- 
lance, Barbee, Barker, Barnes, Barnhill, Beall, Beard, Bowman, Boyd, Brannan, Braw- 
ley, Brinkley, Brubaker, Buchanan, Bumgardner, Chapin, Church, Colton, J, W. Craw- 
ford, N. J. Crawford, Creecy, Cromer, Dawkins, DeVane, Diamont, Duncan, Easterling, 
Edwards, Enloe, Bob Etheridge, W. B. Ethridge, Evans, Fitch, Fletcher, Foster, 
Fusseil, Gist, Greenwood, Hackney, A. Hall, M. Hall, Hasty, Hauser, Hightower, 
Holmes, Holroyd, Hudson, Hughes, Hunt, Hunter, Hurst, James, Jeralds, Jones, 
Keesee-Forrester, Kennedy, Lancaster, Lilley, Lineberry, Locks, Lutz, McAlister, 
McDowell, McLaughlin, Mavretic, Michaux, Miller, Murphy, Nesbitt, Noles, Nye, 
Owens, Payne, Pool, Quinn, Redwine, Rhyne, Richardson, Robinson, Sparrow, Spoon, 
Stamey, Tyndall, Tyson, Walker, E. Warren, Watkins, Wicker, Windley, Wiser, B. P. 
Woodard, C. D. Woodard, and Wright— 96. 

Voting in the negative: Representatives Brown, Cole, Decker, L. Etheridge, Privette, 
and Wood — 6. 

Having received a majority of votes of both Houses, the appointment of Mebane 
Pritchett as a member-at-large of the State Board of Education is confirmed. 

Senator Winner moves that the Senate do confirm the appointment of Mary Morgan as a 
member of the State Board of Education. Representative Foster moves that the House of 
Representatives do confirm the appointment of Mary Morgan as a member of the State 
Board of Education. 

The motions to confirm the appointment of Mary Morgan as a member of the State 
Board of Education prevail by the following roll-call votes: 

Senate — ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
Parnell, Plyler, Price, Rand, Rauch, Royall, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Winner, and Woodard — 43. 

Voting in the negative: None. ^ 

House of Representatives — ayes 105, noes 2, as follows: 

Voting in the affirmative: Speaker Ramsey, Representatives Allran, Anderson, Bal- 
lance, Barbee, Barker, Barnes, Barnhill, Beall, Beard, Bowman, Boyd, Brannan, Braw- 
ley, Brinkley, Brown, Buchanan, Bumgardner, Chapin, Church, Cochrane, Cole, Colton, 
J. W. Crawford, N. J. Crawford, Creecy, Cromer, Dawkins, Decker, DeVane, Diamont, 
Duncan, Easterling, Edwards, Enloe, Esposito, Bob Etheridge, W. B. Ethridge, Evans, 
Fitch, Fletcher, Foster, Fusseil, Gardner, Gist, Greenwood, Hackney, A. Hall, Hasty, 
Hauser, Hightower, Holmes, Holroyd, Hudson, Huffman, Hughes, Hunt, Hunter, 
Hurst, James, Jeralds, Jones, Justus, Keesee-Forrester, Kennedy, Lancaster, Ligon, 
Lilley, Lineberry, Locks, Lutz, McAhster, McDowell, McLaughlin, Mavretic, Michaux, 
Miller, Murphy, Nesbitt, Nye, Owens, Payne, Pool, Privette, Quinn, Redwine, Rhyne, 
Richardson, Robinson, Sizemore, Sparrow, Spoon, Stamey, Tyndall, Tyson, Walker, 
E. Warren, Watkins, Wicker, Windley, Wiser, Wood, B. P. Woodard, C. D. Woodard, 
and Wright— 105. 

Voting in the negative: Representatives L. Etheridge and Noles — 2. 



April 24, 1985 



I 1985] SENATE JOURNAL 249 

Having received a majority of votes of both Houses, the appointment of Mary Morgan 
as a member of the State Board of Education is confirmed. 

I Senator Winner moves that the Senate do confirm the appointment of Gary Caperton 
Owen as a member of the State Board of Education. Representative Foster moves that 
the House of Representatives do confirm the appointment of Gary Gaperton Owen as a 
member of the State Board of Education. 

The motions to confirm the appointment of Gary Gaperton Owen as a member of the 
State Board of Education prevail by the following roll-call votes: 

1 Senate — ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Gobb, Gonder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
Parnell, Plyler, Price, Rand, Ranch, Redman, Royall, Simpson, Smith, Speed, Staton, 
Swain, Taft, Tally, Thomas of Graven, Thomas of Henderson, Walker, Ward, Warren, 
Watt, Winner, and Woodard — 44. 

Voting in the negative: None. 

House of Representatives — ayes 111, noes 0, as follows: 

Voting in the affirmative: Speaker Ramsey, Representatives Allran, Ballance, Barbee, 
Barker, Barnes, Barnhill, Beall, Beard, Bowman, Boyd, Brannan, Brawley, Brinkley, 
Brown, Brubaker, Buchanan, Bumgardner, Ghapin, Ghurch, Gochrane, Gole, Golton, 
Graven, J. W. Grawford, N. J. Grawford, Greecy, Gromer, Dawkins, DeVane, Diamont, 
Duncan, Easterling, Edwards, Enloe, Esposito, Bob Etheridge, W. B. Ethridge, Evans, 
Fitch, Fletcher, Foster, Fussell, Gardner, Gist, Greenwood, Hackney, A. Hall, M. Hall, 
Hasty, Hauser, Hege, Hightower, Holmes, Holroyd, Hudson, Huffman, Hughes, Hunt, 
Hunter, Hurst, James, Jeralds, Jones, Justus, Keesee-Forrester, Kennedy, Lancaster, 
Ligon, Lilley, Lineberry, Locks, Lutz, McAlister, McDowell, McLaughlin, Mavretic, 
Michaux, Miller, Mothershead, Murphy, Nesbitt, Noles, Nye, Owens, Payne, Pool, 
Privette, Quinn, Redwine, Rhyne, Richardson, Robinson, Sizemore, Sparrow, Spoon, 
Stamey, Tyndall, Tyson, Walker, E. Warren, R. Warren, Watkins, Wicker, Windley, 
Wiser, Wood, B. P. Woodard, G. D. Woodard, and Wright— 111. 

Voting in the negative: None. 

Having received a majority of votes of both Houses, the appointment of Gary Gaperton 
Owen as a member of the State Board of Education is confirmed. 

The President of the Senate orders the Governor notified of the action of the General 
Assembly sitting in Joint Session upon the confirmations of the appointments of Mebane 
M. Pritchett, Mary Morgan, and Gary Gaperton Owen as members of the State Board of 
Education. 

On motion of Senator Harrington, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Ghamber. 

The Senate resumes consideration of it regular business. 

WITHDRAWAL FROM COMMITTEE 

H. B. 422, a bill to redistrict the Cumberland Gounty Board of Education, and to 
appoint two persons to the Cumberland County Interim Board of Education. 



April 24, 1985 



250 SENATE JOURNAL [Session 

On motion of Senator Ezzell and without objection, the bill is taken from the Local 
Government and Regional Affairs Committee and is placed on the Calendar for today in 
its regular order of business. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Woodard, Johnson of Wake, Redman, Staton, Swain, and Wright: 

S. B. 404, a bill to appropriate funds to the Crippled Children's Program. 
Referred to Appropriations Committee. 

By Senator Staton: ' , 

S. B. 405, a bill to amend Chapter 83A regarding architects. 
Referred to Judiciary II Committee. 

By Senators Swain, Barnes, Goldston, Hardison, Harris, Hunt of Durham, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, 
Plyler, Rand, Ranch, Royall, Shaw, Soles, Speed, Staton, Taft, Tally, Thomas of Hender- 
son, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright: 

S. B. 406, a bill to authorize a study by the Legislative Research Commission to ' 
determine the feasibiUty of establishing work release centers and to appropriate funds to 
hire special consultants to conduct the study. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Martin of Guilford and Jordan: 

S. B. 407, a bill to appropriate funds to purchase property and upgrade facilities for the 
Charlotte Hawkins Brown Memorial State Historic Site and Black History Center. 
Referred to Appropriations Committee. 

By Senators Somers, Johnson of Cabarrus, and Sawyer: 

S. B. 408, a bill to change the standard working hours during which a judge can permit 
limited driving privileges after a conviction for driving while impaired. 
Referred to Judiciary III Committee. 

By Senators Plyler, Conder, Kaplan, Rand, Rauch, Redman, Smith, Speed, Thomas of 
Henderson, Warren, and Wright: 

S. B. 409, a bill to provide a temporary State income tax credit for part of the amount of 
property taxes paid by retailers and wholesalers on inventories. 
Referred to Finance Committee. 

By Senators Rand, Barnes, Conder, Ezzell, Guy, Hardison, Harrington, Hipps, Hunt 
of Durham, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of 
Guilford, Parnell, Plyler, Price, Rauch, Redman, Sawyer, Soles, Somers, Speed, Staton, 
Swain, Tally, Thomas of Craven, Ward, Warren, Watt, Winner, Woodard, and Wright: 

S. B. 410, a bill to provide equitable retirement and other fringe benefits to law 
enforcement officers employed by local governments and to make appropriations. 
Referred to Pensions and Retirement Committee. 



April 24, 1985 



1985] SENATE JOURNAL 251 

By Senator Warren: 

S. B. 411, a bill to allow for a system of differentiated pay for certified public school 
employees. 
Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development, for concurrence 
in House Amendments No. 1 and No. 2 which is placed on the Calendar for tomorrow, 
April 25. 

H. B. 105 (Committee Substitute), a bill to clarify the authority to appoint community 
college trustees. 
Referred to Higher Education Committee. 

H. B. 225, a bill to make a technical correction in G. S. 32A-1. 
Referred to Judiciary H Committee. 

H. B. 376, a bill to provide a local supplemental retirement benefit fund for fire fighters 
in the Town of Cary and to modify the application of G. S. 118-5 and G. S. 118-7. 
Referred to Pensions and Retirement Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Staton moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following Senate joint resolution, which motion prevails by a two- 
thirds majority vote. 

By Senators Staton, Barnes, Conder, Guy, Harrington, Johnson of Wake, Parnell, 
Plyler, Royall, Speed, Warren, and Woodard: 

S. J. R. 414, a joint resolution honoring Hugh Hammond Bennett, the father of soil 
conservation, and commemorating the Fiftieth Anniversary of the Soil Conservation 
Service. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar carried forward as unfinished business from 
April 23 are taken up and disposed of as follows: 

S. B. 156 (Committee Substitute), a bill to amend Chapters 24 and 45 to provide for 
equity lines of credit. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 



April 24, 1985 



252 ' SENATE JOURNAL [Session 

H. B. 28 (Committee Substitute), a bill to provide that Rule 56 of the Rules of Civil 
Procedure shall apply to actions for absolute divorce, as amended. 

Senator Somers offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B, 83, a bill to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance, as amended, for concurrence 
in House Amendment No. 1. 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendment No. 1 
(electronically recorded), and the bill is ordered enrolled. 

Bills and resolutions on the Calendar for today are taken up and disposed of as follows: 

S. B. 315, a bill to establish the boundary Une between the Town of Landis and the City 
of Kannapolis, upon second reading. 

On motion of Senator Smith, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 48. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 316, a bill to clarify the law relating to acquisition by the City of Monroe of street 
right-of-way outside the corporate limits, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 373, a bill to change the boundary line between the Towns of Southern Shores and 
Kitty Hawk, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, 
Martin of Pitt, Marvin, Parnell, Plyler, Price, Rand, Rauch, Royall, Sawyer, Shaw, 
Simpson, Smith, Soles, Somers, Speed, Swain, Tally, Thomas of Craven, Walker, Ward, 
Warren, Watt, Winner, Woodard, and Wright — 44. 

April 24, 1985 



1985] SENATE JOURNAL 253 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 422, a bill to redistrict the Cumberland County Board of Education, and to 
appoint two persons to the Cumberland County Interim Board of Education. 
The bill passes its second reading (electronically recorded). 
The bill remains on the Calendar for further consideration upon third reading. 

S. B. 281, a bill to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate Hmits with the approval of the County Board of 
Commissioners. 

On motion of Senator Ezzell, the bill is recommitted to the Local Government and 
Regional Affairs Committee. 

S. B. 245, a bill concerning duties of the Durham City Inspection Department. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S. B. 352, a bill to expand the Catawba County Board of Education from five to seven 
members. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H. B. 64, a bill to authorize the Tyrrell County Board of Commissioners and the Tyrrell 
County Board of Education to enter into certain contracts without complying with the 
provisions of Chapter 133 and of Article 8 of Chapter 143 of the General Statutes. 

The bill passes its second and third readings and is ordered enrolled. 

H. B. 295 (Committee Substitute), a bill to move the election date for the Randolph 
County Board of Education from the primary to the general election. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

H. B. 349, a bill to allow the Hertford County Board of Education to lease land to cities 
without finding that the land is unnecessary or undesirable for school purposes. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 359, a bill to allow Duplin County to make an addition to a county building with its 
own personnel. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 394, a bill to eliminate the requirement in Scotland County that cosmetologists 
shall employ only licensed personnel to do shampooing. 
The bill passes its second and third readings and is ordered enrolled. 

H. B. 119 (Senate Committee Substitute), a bill to restrict the partial gasoline and 
special fuels tax exemption for alcohol fuels to fuels produced in North Carolina from 
agricultural or forestry products, and to provide that the special exemption is repealed if 
this restriction is declared unconstitutional, upon second reading. 

On motion of Senator Rauch, the Senate Committee Substitute bill is recommitted to 
the Finance Committee. 

S. B. 180, a bill to repeal the Presidential Preference Primary Act, so as to allow 



April 24, 1985 



254 SENATE JOURNAL [Session 

political parties to regulate the nomination of President and Vice President of the United 
States, with pending Amendment No. 1. 

Without objection, Senator Kincaid withdraws Amendment No. 1. 

On motion of Senator Rand, Committee Amendment No. 2 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 268, a bill to provide for initial randomization of the biennial jury list in counties 
using electronic data processing equipment for jury selection. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 277, a bill to increase the requirements for pesticide appUcator licenses for pilots. 
On motion of Senator Redman, consideration of the bill is postponed until Wednesday, 
May 1. 

H. B. 302, a bill to further effectuate the separation of powers. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 422, a bill to redistrict the Cumberland County Board of Education, and to 
appoint two persons to the Cumberland County Interim Board of Education, upon third 
reading. 

On motion of Senator Rand, the bill is placed before the Senate for further consideration 
upon third reading. 

Without objection. Senator Watt is excused from voting for the stated reason: "Appear- 
ance of conflict." 

The bill passes its third reading and is ordered enrolled. 

RE-REFERRAL 

S. B. 172, a bill to create a commission on State parks and recreation areas. 
Without objection, the bill is taken from the Calendar for Thursday, April 25, and 
re-referred to the Appropriations Committee. 

Senator Simpson rises to a point of personal privilege and offers remarks on the death of 
former United States Senator Sam J. Ervin, Jr., who passed away on April 23. 

On motion of Senator Hipps, the remarks of Senator Simpson are spread upon the 
Journal, as follows: 

"Ladies and gentlemen of the Senate, I'm sure you all know from reading today's paper 
and from reading — or from watching television that Burke County and North Carolina 
and this Nation lost a very distinguished citizen to the Grim Reaper. 

"Mr. President, there's not much that I can add to what we have read in the paper and to 
what we have seen on television and there are not many accolades that I could give 
Senator Ervin that haven't already been given. But maybe I did have the opportunity to 
know Senator Ervin in just a little different way from most of you. 

"When I returned after the War to Burke County to practice law. Senator Ervin had 
just been elected to a judgeship and as a new attorney and 'green behind the ears,' I 
needed all the help I could get and Senator Ervin had probably the largest private law 



April 24, 1985 



1985] SENATE JOURNAL 255 

library in North Carolina. He used that library, Mr. President, to try to satiate his thirst 
for knowledge. I don't believe the man ever completely satiated that thirst, because all his 
life he was seeking and obtaining knowledge. And what it did for those of us who lived near 
him and who practiced law in his courts, it gave us the opportunity to seek advice and to 
seek his wise counsel, which he never hesitated to give. Why a Judge of the North 
Carolina Supreme Court would stop to talk to some young attorney and to explain to him 
the intricacies of the law, tell him where he could find the answers to his questions is one of 
the things that made him a great man. 

"Senator Ervin never sought fame, he never sought fortune and he never sought the 
limelight, but he received all of these, Mr. President, because he had a set of goals and 
ideals which were before him and which he always strived for, and which he never lost 
sight of. And as a result of these goals and these ideals, both fame and fortune came his 
way. 

"Maybe if we look at his life and tried to pattern our own after his goals and ideals and 
tried to reach them, maybe many more of us would obtain the type of fame that he did 
receive; and Mr. President, when we adjourn today, I would like to request that we 
adjourn in memory of this great Burke Countian, North Carolinian, and American. 

"Thank you." 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 105 House of Representatives 

(Committee Substitute) April 24, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body requesting the return of 
Committee Substitute for House Bill 105, A BILL TO BE ENTITLED AN ACT TO 
CLARIFY THE AUTHORITY TO APPOINT COMMUNITY COLLEGE TRUST- 
EES, for further consideration by the House of Representatives. 

Respectfully, 

S/ Grace A. Collins 

Principal Clerk 

On motion of Senator Warren , the Chair orders the Committee Substitute for H . B . 105 
taken from the Higher Education Committee and returned to the House of Representa- 
tives for further consideration by that Honorable Body. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 273, a bill to amend an act to provide a supplemental retirement fund for firemen 
in the Town of Tarboro and to modify the application of G. S. 118-5, 118-6, and 118-7 to the 
Town of Tarboro. 

Referred to Pensions and Retirement Committee. 



April 24, 1985 



256 SENATE JOURNAL [Session 

H. B. 382, a bill to provide gain time credit to prisoners sentenced for felonies com- 
mitted on or after July 1, 1981, for participation in rehabilitative programs. 
Referred to Judiciary I Committee. 

On motion of Senator Harrington, seconded by Senator Watt, the Senate adjourns to 
meet tomorrow, Thursday, April 25, at 1:30 P.M. 



FIFTY-EIGHTH DAY 



Senate Chamber, ■ 

Thursday, April 25, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Danny M. French, Kitt Swamp Christian Church, 
Ernul, as follows: 

"Heavenly Father, as we humbly bow in Your presence here today, help us to focus our 
minds upon You. As You have given each one of us our duties, help us to perform them in 
the way You would have us to, depending on You for the leadership and guidance in every 
decision we make. As we face the pressures and problems, help each of us to realize You 
are there and can handle all things. We thank You for each member of the Senate and pray 
for them diligently as they make decisions that affect many lives. Father, we now put this 
State and this Session of the Senate in Your hands, and may Thy will be done. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Johnson of Wake, Watt, and Rand 
for today. 

Leaves of absence granted previously to Senators Hunt of Durham and McDuffie are 
noted. 

The President appoints Senators Hardison, Harris, Rand, Royall, Simpson, Swain, and 
Kincaid as a delegation representing the Senate of the North Carolina General Assembly 
at the funeral of former United States Senator Sam J. Ervin, Jr., which is to be held 
Friday, April 26, and indicates the President of the Senate will be in attendance. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 83, an act to transfer the regulation of workers' compensation self-insurance from 
the Industrial Commission to the Department of Insurance. (Ch. 119) 

H. B. 64, an act to authorize the Tyrrell County Board of Commissioners and the Tyrrell 
County Board of Education to enter into certain contracts without complying with the 
provisions of Chapter 133 and of Article 8 of Chapter 143 of the General Statutes. (Ch. 120) 



April 25, 1985 



1985] SENATE JOURNAL 257 

H. B. 295 (Committee Substitute), an act to move the election date for the Randolph 
County Board of Education from the primary to the general election. (Ch. 121) 

H. B. 302, an act to further effectuate the separation of powers. (Ch. 122) 

H. B. 349, an act to allow the Hertford County Board of Education to lease land to cities 
without finding that the land is unnecssary or undesirable for school purposes. (Ch. 123) 

H. B. 359, an act to allow Duplin County to make an addition to a county building with 
its own personnel. (Ch. 124) 

H. B. 394, an act to eliminate the requirement in Scotland County that cosmetologists 
shall employ only licensed personnel to do shampooing. (Ch. 125) 

H. B. 422, an act to redistrict the Cumberland County Board of Education, and to 
appoint two persons to the Cumberland County Interim Board of Education. (Ch. 126) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

S. B. 229, a bill to prohibit hunting from the rights-of-way of pubHc roads in Randolph 
County, with a favorable report. 

S. B. 284, a bill to provide for posting of notice of pending applications for CAMA 
permits, with a favorable report. 

S. B. 292, a bill to amend G. S. 113-294 with respect to the penalty for unlawful taking of 
deer, with a favorable report. 

S. B. 304, a bill to rewrite the procedures under which shellfish lease applications are 
determined, with a favorable report. 

S. B. 369, a bill to prohibit taking bear with bait, with a favorable report. 

S. B. 147, a bill to provide for the voluntary registration and dedication of natural areas, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill is adopted, and on her 
further motion is placed on the Calendar for Wednesday, May 1. 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 414, a joint resolution honoring Hugh Hammond Bennett, the father of soil 
conservation, and commemorating the Fiftieth Anniversary of the Soil Conservation 
Service, with a favorable report. 

On motion of Senator Harrington, the joint resolution is placed on the Calendar as 
Special Order of Business No. 1 for April 26. 

By Senator Staton for the Judiciary II Committee: 



April 25, 1985 



258 SENATE JOURNAL [Session 

S. B. 370, a bill to provide that copies of protective orders issued in domestic violence 
cases may be retained by county police departments, with a favorable report. 

By Senator Warren for the Transportation Committee: 

S. B. 276, a bill to amend Chapter 20 of the General Statutes to allow a sign to designate 
a single handicapped parking space, with a favorable report. 

H. B. 237 (Committee Substitute), a bill to exempt for-hire passenger vehicles of less 
than fifteen-passenger capacity, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 378, a bill to clarify that defendents convicted of drug trafficking or conspiring to 
commit drug trafficking may not avoid the fines imposed for these offenses by serving an 
additional thirty days in prision, with a favorable report. 

S. B. 395, a bill to expand the offense of armed robbery to include robberies in which a 
simulated weapon or a real but inoperable weapon is used, with a favorable report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 188, a bill to amend the Charter of the City of Charlotte relating to the Civil 
Service Board, with a favorable report. 

S. B. 189, a bill to amend Chapter 926, 1947 Session Laws As Amended, relating to the 
Charlotte Firemen's Retirement System, with a favorable report. 

S. B. 358, a bill to provide a supplemental retirement fund for firemen in the City of 
Williamston, with a favorable report. 

H. B. 135, a bill to allow members of the Consolidated Judicial Retirement System to 
transfer member contributions in the Teachers' and State Employees' and Local Gov- 
ernmental Employees' Retirement Systems to the Supplemental Retirement Income 
Plan, with a favorable report. 

On motion of Senator Marvin, the bill is re-referred to the Appropriations Committee. 

H. B. 175, a bill to establish a supplemental pension fund for firemen in the Town of 
Wilkesboro, with a favorable report. 

S. B. 262, a bill to amend G. S. 118-7 as that Statute applies to the City of Asheboro to 
establish supplemental retirement benefits for Asheboro's firemen, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Marvin, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Marvin, the Committee Substitute bill is adopted, and on her 
further motion is placed on the Calendar for Wednesday, May 1. 

By Senator Barnes for the Judiciary I Committee: 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons, with a favorable report. 

On motion of Senator Barnes, the Committee Substitute bill is placed on the Calendar 
for Wednesday, May 1. 



April 25, 1985 



1985] SENATE JOURNAL 259 

By Senator Swain for the Judiciary III Committee: 

S. B. 336, a bill to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North CaroHna case law and as required by federal law, with a 
favorable report. 

H. B. 435, a bill to add an additional factor in division of marital property, with a 
favorable report. 

S. B. 119, a bill to provide for renewals of drivers licenses of safe drivers by mail, with 
an unfavorable report. 

S. B. 296, a bill to extinguish ancient mineral claims and to require the recordation and 
listing of these claims for taxation, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, May 1. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas of Henderson, Plyler, Rand, Taft, and Wright: 

S. B. 412, a bill to provide a partial property tax exclusion for inventories of retailers 
and wholesalers and to reimburse local governmental units for the resulting revenue loss. 
Referred to Finance Committee. 

By Senator Redman: 

S. B. 413, a bill to amend the law relating to penalties for violation of the revenue laws. 
Referred to Finance Committee. 

By Senators Goldston, Basnight, Guy, Harrington, Hipps, Hunt of Durham, Martin of 
Pitt, Martin of Guilford, Speed, Thomas of Henderson, Warren, Winner, and Wright: 

S. B. 415, a bill to appropriate funds to the Department of Commerce for additional 
advertising and tourism promotion grants. 
Referred to Appropriations Committee. 

By Senators Rand, Basnight, Guy, Harrington, Harris, Hipps, Hunt of Durham, 
Kaplan, Martin of Pitt, Marvin, Parnell, Rauch, Thomas of Craven, Thomas of Hender- 
son, Walker, Winner, and Wright: 

S. B. 416, a bill to strengthen the rape shield evidence rule by making it clear that it 
applies to all offenses being tried at the same time as the rape or sex offense charge. 
Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, Basnight, Guy, Harrington, Harris, Hipps, Hunt of 
Durham, Kaplan, Martin of Pitt, Marvin, Parnell, Plyler, Rauch, Royall, Soles, Thomas of 
Craven, Thomas of Henderson, Walker, Warren, Winner, and Wright: 



April 25, 1985 



260 ^ SENATE JOURNAL [Session 

S. B. 417, a bill to create the Indigent Care Study Commission. 
Referred to Judiciary IV Committee. 

By Senators Rand, Basnight, Goldston, Guy, Hardison, Harrington, Harris, Hipps, 
Kaplan, Martin of Pitt, Marvin, Parnell, Plyler, Rauch, Royall, Soles, Thomas of Craven, 
Thomas of Henderson, Walker, and Warren: 

S. B. 418, a bill to permit the Treasurer to authorize limited exemptions from the Daily 
Deposit Law. 
Referred to State Government Committee. 

By Senators Rand, Barnes, Basnight, Guy, Harrington, Harris, Hipps, Hunt of 
Durham, Kaplan, Martin of Pitt, Marvin, Parnell, Plyler, Rauch, Thomas of Craven, 
Thomas of Henderson, Walker, Warren, and Winner: 

S. B. 419, a bill to allow a prosecutor to enter a dismissal with leave for nonappearance 
when a defendant cannot be found to serve an order for arrest after the gand jury has 
indicted him. 

Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, Basnight, Guy, Harrington, Harris, Hipps, Kaplan, Martin 
of Pitt, Parnell, Thomas of Craven, Thomas of Henderon, Walker, and Winner: 

S. B. 420, a bill creating the criminal offense of felonious restraint. 
Referred to Judiciary IV Committee. 

By Senators Plyler, Barnes, Conder, Hardison, Hipps, Hunt of Moore, Kaplan, Martin 
of Pitt, Rand, Royall, Soles, Staton, Swain, Taft, Thomas of Craven, Walker, Warren, 
and Watt: 

S. B. 421, a bill regarding emergency response right to know. 
Referred to Human Resources Committee. 

By Senators Woodard, Johnson of Wake, Speed, and Staton: v . 

S. B. 422, a bill to appropriate funds to the Capital Area Soccer League, Inc. , to assist in 
construction of soccer facilities within Wake County. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, Speed, and Staton: 

S. B. 423, a bill to appropriate funds for the educational programs of the Creative 
Exchange, Inc., in Wake County. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 424, a bill to appropriate funds for the restoration and preservation of the Spring 
Hill House and property. 
Referred to Appropriations Committee. 

Senator Martin of Guilford offers a motion to the end that all members sponsoring 
S. J. R. 373, a joint resolution authorizing the Legislative Research Commission to study 
the Community Colleges System, be recorded sponsoring S. B. 425, which motion 
prevails without objection. 



April 25, 1985 



\ 



1985] SENATE JOURNAL 261 

By Senators Martin of Guilford, Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas 
of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright: 

S. B. 425, a bill authorizing the Legislative Research Commission to study the Commu- 
nity Colleges System. 

Referred to Rules and Operation of the Senate Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 315, a bill to estabhsh the boundary line between the Town of Landis and the City 
of Kannapolis, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Barnes, Basnight, Cobb, Ezzell, Goldston, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Moore, Johnson of Cabarrus, Jordan, Kaplan, 
Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, Rauch, 
Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Winner, Woodard, and 
Wright— 40. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 316, a bill to clarify the law relating to acquisition by the City of Monroe of street 
right-of-way outside the corporate limits, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Ezzell, Gold- 
ston, Hardison, Harrington, Harris, Hipps, HuntofMoore, Johnson of Cabarrus, Jordan, 
Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Winner, Woodard, 
and Wright — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H. B. 373, a bill to change the boundary line between the Towns of Southern Shores and 
Kitty Hawk, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Ezzell, Gold- 
ston, Hardison, Harrington, Harris, Hipps, HuntofMoore, Johnson of Cabarrus, Jordan, 
Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Speed, Staton, Taft, 
Tally, Thomas of Craven, Thomas of Henderson, Ward, Warren, Winner, Woodard, and 
Wright^^O. 

Voting in the negative: None. 

The bill is ordered enrolled. 



April 25, 1985 



262 SENATE JOURNAL [Session 

S. B. 149, a bill to allow a personal income tax exemption for certain types of spina 
bifida. 

On motion of Senator Ward, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Soles objects to the third reading of the bill, as amended. 

On motion of Senator Ward, consideration of the bill, as amended, upon third reading, is 
postponed until Wednesday, May 1. 

S. B. 212, a bill to provide for fees to be collected by the North Carolina Board of 
Physical Therapy Examiners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 274, a bill to amend Article 11, G. A. 130A, entitled "Sanitary Sewage Systems." 
The bill passes its second reading (electronically recorded). 

On objection of Senator Redman to its third reading, the bill remains on the Calendar 
for further consideration upon third reading. 

S. B. 319, a bill to permit the Division of Services for the Blind of the Department of 
Human Resources to operate vending machines on interstate highways and controUed- 
access highways. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 320, a bill to allow the Secretary of Human Resources to adopt rules on damage or 
theft of personal property belonging to employees, volunteers, and cHents in institutions 
of the Department of Human Resources. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 338, a bill extending the provision of services under this Article to children over 
age eighteen in certain instances. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 341, a bill to provide for alternative arrangements for local program administra- 
tion. 

On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 236, a bill to repeal Section 146 of Chapter 1034 of the 1983 Session (Regular 
Session, 1984) relating to the Comparable Worth Study. 

On motion of Senator Royall, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 140, a bill to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development, for concurrence in 
House Amendments No. 1 and No. 2. 



April 25, 1985 



1985] SENATE JOURNAL 263 

On motion of Senator Barnes, the Senate concurs in House Amendments No. 1 and 
No. 2 (electronically recorded), and the bill is ordered enrolled. 

WITHDRAWAL FROM CALENDAR 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons. 

On motion of Senator Barnes the Committee Substitute bill is taken from the Calendar 
for Friday, April 26, and is placed on the Calendar for Wednesday, May 1. 

On motion of Senator Harrington, seconded by Senator Hardison, the Senate adjourns 
in memory of John Sledge, President of The Farm Bureau, to meet tomorrow, Friday, 
April 26, at 9:00 A.M. 



FIFTY-NINTH DAY 



Senate Chamber, 
Friday, April 26, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend John R. Nagle, Pastor, Christ the King Lutheran 
Church, Cary, as follows: 

"The calendar says that the week is almost over, God. But our hearts and our heads 
and our desks remind us that there's still much work to be done. Nor will we ever be 
finished, Lord, as long as this world is imperfect. Ours is an awesome task: to seek out 
responsibility, morality, and justice. Why did You choose us to do Your will? And if You 
didn't choose us, at least work through us so that Your will is done. 

"Remind us of the opportunities You put before us to work with You in achieving Your 
intentions for this State. We long for perfection and completeness. But remind us that, as 
we are not finished with the agenda, You are not finished with us either. So work through 
us to do what is right, and to be satisfied that the end of the week finds us going as far as we 
can go, that the members of this Body and the people of this State may see Your hand in all 
that has been accomplished. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Taft and Soles for today. Senators 
Hipps and Tally are noted present for a portion of today's Session. 

Leaves of absence granted previously to Senators McDuffie and Hunt of Durham are 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



April 26, 1985 



264 SENATE JOURNAL [Session 

S. B. 120, an act to authorize the Department of Transportation to enter into reciprocal 
inspection agreements with other states and the Federal Highway Administration for 
highway supplies and materials. (Ch. 127) 

S. B. 135, an act to amend the restrictions on force account work as they apply to the 
City of Monroe. (Ch. 128) 

S. B. 140, an act to designate a river a potential component of the Natural and Scenic 
Rivers System and to protect against direct and adverse development. (Ch. 129) 

H. B. 373, an act to change the boundary Une between the Towns of Southern Shores 
and Kitty Hawk. (Ch. 130) 

SPECIAL MESSAGE TO THE HOUSE OF REPRESENTATIVES 

The following special message is sent to the House of Representatives: 

H. B. 236, a bill to repeal Section 146 of Chapter 1084 of the 1983 Session (Regular 
Session, 1984) relating to the Comparable Worth Study, as amended. 

Senator Royall offers a motion that the bill, as amended by the Senate, having passed its 
second and third readings yesterday, be sent to the House of Representatives by Special 
Messenger, which motion prevails. 

The Chair orders the bill, as amended, returned to the House of Representatives by 
Special Messenger. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the the Calendar as 
follows: 

By Senator Winner for the Education Committee: -''- 

S. B. 46, a bill to amend the Constitution and the General Statutes to change the method 
of selecting the members of the State Board of Education and to make the Office of the 
Superintendent of Public Instruction appointive, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, May 1. 

By Senator Swain for the Judiciary III Committee: 

S. B. 388, a bill to estabUsh the Western Correction Center for Women at Black 
Mountain, with a favorable report, as amended. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 234, a bill to provide a means to determine the jurisdiction of the Commissioner of 
Insurance over providers of health care benefits, with a favorable report, as amended. 

S. B. 235, a bill to require participation by insurers in the National Association of 
Insurance Commissioners Insurance Regulatory Information System, with a favorable 
report, as amended. 



April 26, 1985 



1985] SENATE JOURNAL 265 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Thomas of Henderson and Hipps: 

S. B. 426, a bill to appropriate funds to operate a southwestern regional family violence 
program in Cherokee, Clay, Graham, Macon, Swain, Haywood, Henderson, Jackson, 
Polk, and Transylvania Counties. 

Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 427, a bill to appropriate funds for the restoration and preservation of the Beaufort 
Odd Fellows Lodge. 
Referred to Appropriations Committee. 

By Senators Smith, Guy, and Parnell: 

S. B. 428, a bill to allow a suppher of special fuel who consigns fuel to a reseller to pay the 
excise tax on the fuel when it is sold by the reseller instead of when it is delivered to the 
reseller. 

Referred to Finance Committee. 

By Senators Taft, Basnight, Conder, Ezzell, Goldston, Guy, Harrington, Hipps, Hunt 
of Moore, Jordan, Kaplan, Kincaid, Martin of Pitt, Parnell, Plyler, Price, Redman, 
Royall, Sawyer, Smith, Staton, Swain, Tally, Thomas of Craven, Thomas of Henderson, 
Ward, Winner, Woodard, and Wright: 

S. B. 429, a bill to allow candidates to use familiar names on the ballot in certain 
circumstances. 
Referred to Election Laws Committee. 

By Senators Harris and Smith: 

S. B. 430, a bill to provide an income tax credit for supervisory fees paid by savings and 
loan associations to the Administrator of the Savings and Loan Division. 
Referred to Finance Committee. 

By Senators Winner, Basnight, Conder, Ezzell, Goldston, Guy, Hardison, Hipps, Hunt 
of Moore, Johnson of Cabarrus, Martin of Pitt, Marvin, Parnell, Redman, Royall, Simp- 
son, Speed, Swain, Taft, Tally, Ward, and Woodard: 

S. B. 431, a bill to increase State sales and use taxes by one-half percent and to use the 
proceeds to establish a Public School Capital Construction Fund. 
Referred to Education Committee. 

By Senators Winner and Swain: 

S. B. 432, a bill to permit traffic control officers to operate vehicles with red lights. 
Referred to Judiciary III Committee. 

By Senator Winner: 



April 26, 1985 



266 SENATE JOURNAL [Session 

S. B. 433, a bill to add adultery as a ground for divorce from bed and board. 
Referred to Judiciary IV Committee. 

By Senator Barnes: 

S. B. 434, a bill to appropriate funds for the Town of Hookerton's rescue squad. 
Referred to Appropriations Committee. 

By Senator Winner: 

S. B. 435, a bill to allow physicians practicing psychiatry and licensed psychologists to 
form professional corporations. 

Referred to Judiciary IV Committee. 

By Senator Kincaid: 

S. B. 436, a bill that notification of a minor's parents by law enforcement officers is not 
required when a minor is charged with committing violations of wildlife statutes or J 

regulations punishable by fines of less than fifty dollars or imprisonment not to exceed ] 

thirty days. 

Referred to Judiciary III Committee. 

By Senators Ballenger and Wright: 

S. B. 437, a bill to establish qualifications for members of the Utilities Commission. I 

Referred to Commerce Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following J 
bills and resolutions, which are read the first time and disposed of as follows: | 

H. B. 560, a bill to aboHsh the Office of Coroner in New Hanover County. * 

Referred to Local Government and Regional Affairs Committee. 

H. B. 561, a bill to amend the Charter of the City of Wilmington concerning the City tax 
collector. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 563, a bill to provide for judicial review of decisions of the City of Wilmington in 
granting or denying approval of subdivision plats. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 627, a bill to permit Onslow County and the cities located there to regulate 
abandoned, junked vehicles for aesthetic purposes. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 637, a bill to authorize the City Council of the City of Kinston and the Board of 
County Commissioners of Lenoir County to create and fix the powers of the Lenoir 
County Development Commission and to appropriate funds for the expenses thereof. 

Referred to Local Government and Regional Affairs Committee. 

H. J. R. 640, a joint resolution honoring the Golden Anniversary of the Blue Ridge 
Parkway and honoring the memory of Franklin D. Roosevelt, under whose administration j 

the Parkway was established. 

Referred to Rules and Operation of the Senate Committee. 

April 26, 1985 



1985] SENATE JOURNAL 267 

H. B. 659, a bill to provide for an alternative eminent domain procedure for the City of 
Conover and the Town of Maiden. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 419 (Committee Substitute), a bill to allow notice of a mineral interest to be made 
on behalf of a claimant by an agent. 
Referred to Judiciary III Committee. 

H. J. R. 317, a joint resolution designating the first week of every month as "Buy Only 
American Week" and to honor the memory of North Carolinians who helped to build 
North Carolina's textile industry. 

Referred to Rules and Operation of the Senate Committee. 

^ CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
(The Chair declares the voting equipment inoperative for a portion of today's Session.) 

SPECIAL ORDER NO. 1 

S. J. R. 414 

The hour having arrived for the consideration of Special Order No. 1, the President of 
the Senate lays before the Senate Special Order No. 1, it being S. J. R. 414, a joint 
resolution honoring Hugh Hammond Bennett, the father of soil conservation, and com- 
memorating the Fiftieth Anniversary of the Soil Conservation Service. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered sent to the House of Representatives by Special Messenger. 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills, upon second reading. 

On motion of Senator Plyler, consideration of the bill is postponed until Thursday, 
May 2. 

S. B. 358, a bill to provide a supplemental retirement fund for firemen in the City of 
Williamston. 

On motion of Senator Taft, consideration of the bill is postponed until Monday, April 29. 

S. B. 188, a bill to amend the Charter of the City of Charlotte relating to the Civil 
Service Board. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 189, a bill to amend Chapter 926, 1947 Session Laws As Amended, relating to the 
Charlotte Firemen's Retirement System. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 229, a bill to prohibit hunting from the rights-of-way of pubhc roads in Randolph 
County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 175, a bill to establish a supplemental pension fund for firemen in the Town of 
Wilkesboro. 



April 26, 1985 



268 SENATE JOURNAL [Session 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 274, a bill to amend Article 11, G. S. 130A, entitled "Sanitary Sewage Systems," 
upon third reading. 

On motion of Senator Redman, consideration of the bill is postponed until Wednesday, 
May 1. 

S. B. 276, a bill to amend Chapter 20 of the General Statutes to allow a sign to designate 
a single handicapped parking space. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 284, a bill to provide for posting of notice of pending applications for CAM A 
permits. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. / 

S. B. 292, a bill to amend G, S. 113-294 with respect to the penalty for unlawful taking of 
deer. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 304, a bill to rewrite the procedures under which shellfish lease appUcations are 
determined. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 336, a bill to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North Carolina case law and as required by federal law. 

On motion of Senator Swain, consideration of the bill is postponed until Monday, 
April 29. 

S. B. 369, a bill to prohibit taking bear with bait. 
The bill passes its second reading (electronically recorded). 

On objection of Senator Thomas of Henderson to its third reading, the bill remains on 
the Calendar for further consideration upon third reading. 

S. B. 370, a bill to provide that copies of protective orders issued in domestic violence 
cases may be retained by county police departments. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 378, a bill to clarify that defendants convicted of drug trafficking or conspiring to 
commit drug trafficking may not avoid the fines imposed for these offenses by serving an 
additional thirty days in prison. 

The bill passes its second reading. 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 389, a bill to modify the retirement actuarial note requirement. 
On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second and third readings and is ordered engrossed and 
sent to the House of Representatives. 

April 26, 1985 



1985] SENATE JOURNAL 269 

S. B. 395, a bill to expand the offense of armed robbery to include robberies in which a 
simulated weapon or a real but inoperable weapon is used. 

The bill passes its second reading. 

Senator Hipps requests to be recorded voting "aye". 

On objection of Senator Martin of Guilford to its third reading, the bill remains on the 
Calendar for further consideration upon third reading. 

H. B. 237 (Committee Substitute), a bill to exempt for-hire passenger vehicles of less 
than fifteen-passenger capacity. 

The Committee Substitute bill passes its second and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Speed, the Senate adjourns to 
meet Monday, April 29, at 8:00 P.M. 



SIXTIETH DAY 



Senate Chamber, 
Monday, April 29, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Susan Allred, Saxapahaw United Methodist Church, 
Saxapahaw, as follows: 

"Creator and Ever Loving God, we invoke Your blessings upon this evening's Session of 
the North Carolina Senate. For those talents and gifts which reside within these persons 
chosen to be our leaders, we offer You thanks and acknowledge You as the source of all 
good gifts, among them health, physical energy, mental alertness, imagination, creativ- 
ity, commitment, and compassion. You are the author of life, and You have created us to 
live in the human family. As Your sons and daughters, we seek Your patience and Your 
guidance as we attempt to facilitate this reality — to recognize the value of each person and 
to live together as one family under one God. Endow these Senators with Your creative 
power so that insight, discernment, imagination and openness will always accompany 
their daily search for the truth, the best, the fairest, and the wisest decisions. Amidst that 
kind of pressure, we pray that You will provide for them a constant source of renewal and 
refreshment, especially during times of barrenness, discouragement and defeat. In grati- 
tude for meaningful work, we move ahead to the tasks at hand. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday, April 26, has been examined and is found to be correct. On his 
motion, the Senate dispenses with the reading of the Journal and it stands approved as 
written. 

The President grants a leave of absence to Senator Woodard for tonight and to Senator 
Thomas of Craven for Monday through Friday, April 29 through May 3. 

The President recognizes the following pages serving in the Senate this week: Dexter 
D. Davis, Ahoskie; Michael Todd Felts, North Wilkesboro; Nancy "Lorrin" Freeman, 
Greensboro; Paul Barrow Gainey, Havelock; CamilUa LaVette Harkley, Havelock; Earl 



April 29, 1985 



270 ^ SENATE JOURNAL [Session 

Oliver Horton IV, Zebulon; Ronald "Scott" Johnson, Zebulon; Gina Dawn King, 
Whiteville; Brent Edward Lancaster, Benson; Benjamin Kelly McDowell, Elizabeth City; 
Shannon MacFadyen, Raleigh; Jason McMurtrey Mills, New Bern; Kathryn Elizabeth 
Murray, Wilson; Michelle A. Reynolds, Ahoskie; Marie Lynn Smith, Jacksonville; and 
Darryl Whitaker, Raleigh. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 175, an act to establish a supplemental pension fund for firemen in the Town of 
Wilkesboro. (Ch. 131) . . . 

H. B. 237 (Committee Substitute), an act to exempt for-hire passenger vehicles of less 
than fifteen-passenger capacity. (Ch. 132) 

S. B. 159, an act to estabUsh a minimum weekly compensation for certain volunteer 
workers under the Workers' Compensation Act. (Ch. 133) 

S. B. 185, an act to amend Section 2 of Chapter 1120, 1979 Session Laws to give the 
County of Washington the power of condemnation to acquire real property for access 
roads to Economic Development Commission property. (Ch. 134) 

S. B. 199, an act to provide that the Yancey County Board of Education shall be elected 
by the nonpartisan election and runoff election method. (Ch. 135) 

S. B. 204, an act to change the maximum allowable interest rates on bonds and notes of 
drainage districts. (Ch. 136) 

S. B. 232, an act to permit the City of Wilson to increase its parking penalties. (Ch. 137) 

S. J. R. 414, a joint resolution honoring Hugh Hammond Bennett, the father of soil 
conservation, and commemorating the Fiftieth Anniversary of the Soil Conservation 
Service. (Res. 8) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S. B. 438, a bill to impose minimum terms of imprisonment for convictions of concealing 
merchandise or switching price tags. 

Referred to Judiciary IV Committee. ^^ 

By Senator Winner: 

S. B. 439, a bill to clarify the shoplifting laws of North Carolina concerning the use of 
electronic devices to detect shoplifting. 
Referred to Judiciary IV Committee 

By Senator Winner: 



April 29, 1985 



1985] SENATE JOURNAL 271 

S. B. 440, a bill authorizing law enforcement officers to arrest, without warrants, 
persons suspected of shoplifting or switching price tags. 
Referred to Judiciary IV Committee. 

By Senators Wright and Redman: 

S. B. 441, a bill to change the qualifications for a limited pilotage license issued by the 
Cape Fear Navigation and Pilotage Commission. 
Referred to State Government Committee. 

By Senators Woodard, Hardison, Parnell, Plyler, Price, Redman, Royall, Sawyer, 
Shaw, Thomas of Henderson, and Winner: 

S. B. 442, a bill to provide for treble damages as a civil remedy for the writing of 
worthless checks. 
Referred to Judiciary III Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 443, a bill to appropriate funds to Arts Together, Inc., for restoration of the 
Tucker Carriage House. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. J. R. 444, a joint resolution honoring the life and memory of Dr. Ellen Black Winston. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Thomas of Henderson, Hipps, Smith, and Winner: 

S. B. 445, a bill to make the issuance of worthless checks in certain amounts a felony. 
Referred to Judiciary III Committee. 

By Senators Thomas of Henderson, Hipps, Smith, and Winner: 

S. B. 446, a bill regarding conditions of probation for writing worthless checks. 
Referred to Judiciary III Committee. 

By Senators Thomas of Henderson and Smith: 

S. B. 447, a bill to eliminate inequities in the taxation of shoppers' guides by exempting 
from sales and use taxes the component parts of and sales by printers of free circulation 
pubUcations. 

Referred to Finance Committee. 

By Senator Martin of Guilford: 

S. B. 448, a bill to appropriate to the Department of Community Colleges funds for the 
Human Resources Development (HRD) Program. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



April 29, 1985 



272 SENATE JOURNAL [Session 

H. B. 155 (Committee Substitute), a bill to amend the Well Construction Act, G. S. 
87-83 ET SEQ., to provide for civil penalties. 
Referred to Judiciary I Committee. 

H. B. 415, a bill to provide a method for activating voters when a city has not held its 
most recent two elections and the charter of that city is revised. 
Referred to Election Laws Committee. 

H. B. 483, a bill to assure compUance of the North Carolina Employment Security Law 
with federal law. 

Referred to Manufacturing and Labor Committee. 

H. B. 490, a bill to clarify the duty of candidates, political committees, and referendum 
committees to report receipts and expenditures received or made after the election. 
Referred to Election Laws Committee. 

H. B. 494, a bill to clarify that expenditure reports shall include the name and address of 
all individuals receiving expenditures over a certain amount. 
Referred to Election Laws Committee. 

H. B. 510, a bill to repeal the statutory requirement that a health certificate be obtained 
before receiving a license to marry. 

Referred to Human Resources Committee. 

H. B. 538, a bill to authorize an election in the Ellenboro Fire Protection District in 
Rutherford County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 558 (Committee Substitute), a bill to change reporting requirements of com- 
pulsory school attendance law. 

Referred to Education Committee. 

H. B. 598, a bill to provide for use of all property tax collection methods in the collection 
of special assessments in the Town of Mayodan. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 602, a bill to authorize Macon County to impose fees for fire protection based on 
the value of improvements to real property. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 605, a bill to make changes in the scheduling of certain controlled substances. 
Referred to Human Resources Committee. 

H. B. 635, a bill to permit Burke County to use revenue received from one-half percent 
local sales and use taxes for any public purpose. 
Referred to Finance Committee. 

H. B. 647, a bill to authorize Wayne County to pay bounties on beavers. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 669, a bill to increase certain fees for architects. 
Referred to Finance Committee. 

H. B. 693, a bill to prohibit taking bear with bait. 

Referred to Natural and Economic Resources and Wildlife Committee. 



April 29, 1985 



1985] SENATE JOURNAL 273 

H. B. 696, a bill to exempt nonprofit teen centers from the privilege license tax on 
amusements. 
Referred to Finance Committee. 

H. B. 633, a bill to allow the Bladen and Wake Counties Board of Commissioners to 
reduce the petition requirement for annexation to a fire district. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 681, a bill to impose comparable license fees on out-of-state fishermen. 
Referred to Natural and Economic Resources and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 358, a bill to provide a supplemental retirement fund for firemen in the City of 
Williamston. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 369, a bill to prohibit taking bear with bait, upon third reading. 

Senator Thomas of Henderson offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 378, a bill to clarify that defendants convicted of drug trafficking or conspiring to 
commit drug trafficking may not avoid the fines imposed for these offenses by serving an 
additional thirty days in prison, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 395, a bill to expand the offense of armed robbery to include robberies in which a 
simulated weapon or a real but inoperable weapon is used, upon third reading. 

Senator Sawyer offers Amendment No. 1. 

Senator McDuffie moves that the bill, with pending Amendment No. 1, be re-referred 
to the Judiciary III Committee. 

Senator Kaplan, seconded by Senator Hardison, offers a motion that the motion of 
Senator McDuffie do lie upon the table, which motion prevails (electronically recorded). 
The motion offered by Senator McDuffie lies upon the table. 

Senator Swain offers a motion that the bill with pending Amendment No. 1 be recom- 
mitted to the Judiciary IV Committee. The Chair rules the motion offered by Senator 
Swain out of order. 

Senator Rand offers a motion, seconded by Senator Hardison, that Amendment No. 1 
do lie upon the table, which motion prevails (electronically recorded). Amendment No. 1 
lies upon the table. 

Senator Martin of Guilford offers a motion that consideration of the bill be postponed 
until Wednesday, May 1, which motion fails to prevail (electronically recorded). 

Senator Kaplan calls the previous question, seconded by Senator Rand. Citing Rule 23 
of the Senate Rules, the Chair rules the motion out of order. 

Senator Soles, Chairman of the Judiciary IV Committee, calls the previous question, 
seconded by Senator Rand. The call is sustained (electronically recorded). 



April 29, 1985 



274 SENATE JOURNAL [Session 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 234, a bill to provide a means to determine the jurisdiction of the Commissioner of 
Insurance over providers of health care benefits. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 235, a bill to require participation by insurers in the National Association of 
Insurance Commissioners Insurance Regulatory Information System. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 336, a bill to amend G. S. 49-14 to allow the estabUshment of paternity until age 
eighteen in accordance with North Carolina case law and as required by federal law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 388, a bill to establish the Western Correction Center for Women at Black 
Mountain. 

On motion of Senator Swain, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 435, a bill to add an additional factor in division of marital property. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

On motion of Senator Harrington, seconded by Senator Rauch, the Senate adjourns to 
meet tomorrow, Tuesday, April 30, at 1:30 P.M. 



SIXTY-FIRST DAY 



Senate Chamber, 
Tuesday, April 30, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
J. J. Harrington, President Pro Tempore. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the Ages, help us to be good stewards of our hours and of our days, lest our 
weeks, months, and years sUp away from us and be wasted. 

"0 God of Creation, help us to be good stewards of our personal time, talent, and 
resources; and grant that we may pass legislation which helps our great State be a good 
steward of its human and natural resources. 

"0 God of Eternity, as we labor here in this Chamber for the good of the people of our 
State, grant that we may listen attentively to each side of all issues; and help us to make 



April 30, 1985 



1985] SENATE JOURNAL 275 

decisions which will not only serve the clamor of the moment, but decisions which will 
serve the best interest of the citizens of our State for years to come. 

"And like the Psalmist, teach us to so number our days, that we may apply our hearts 
unto wisdom. Amen." 

Senator Royall for the Rules and Operation of the Senate Committee announces that 
the Journal of yesterday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore grants a leave of absence to Senator Plyler for today. 
A leave of absence granted previously to Senator Thomas of Craven is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 55, an act to refund certain firemen contributions in the Local Governmental 
Employee's Retirement System to surviving beneficiaries. (Ch. 138) 

S. B. 155, an act to amend the law establishing a supplemental retirement fund for 
firemen in the City of Hickory. (Ch. 139) 

H. B. 28 (Committee Substitute), an act to provide that Rule 56 of the Rules of Civil 
Procedure shall apply to actions for absolute divorce. (Ch. 140) 

H. B. 101 (Committee Substitute), an act to raise the minimum age for purchase, 
possession and consumption of malt beverages and unfortified wine. (Ch. 141) 

H. B. 236, an act to repeal Section 146 of Chapter 1034 of the 1983 Session (Regular 
Session, 1984) relating to the Comparable Worth Study. (Ch. 142) 

H. B. 435, an act to add an additional factor in division of marital property. (Ch. 143) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees, with a favorable report. 

S. B. 379, a bill to prohibit discrimination in the business of life and accident and health 
insurance and annuities against persons who are blind or partially blind, with a favorable 
report, as amended. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 247, a bill to allow Rowan County to establish voting precincts without regard to 
township boundaries, with a favorable report. 

S. B. 280, a bill authorizing the qualified voters of the Town of Beech Mountain to 
determine whether mixed beverages may be sold in that town, with a favorable report. 

April 30, 1985 



276 SENATE JOURNAL [Session 

S. B. 254, a bill to allow the Town of Wake Forest to dispose of real property at private 
sale for the purpose of economic development, with a favorable report. 

S. B. 255, a bill to allow the Town of Wake Forest to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Conmiissioners, with a favorable report. 

S. B. 263, a bill creating a bird sanctuary at Lake Tabor in Columbus County, with a 
favorable report. 

S. B. 277, a bill to permit the Town of Kill Devil Hills to regulate building construction to 
prevent fire hazards, with a favorable report. 

S. B. 282, a bill to amend the Charlotte Charter, with a favorable report. 

S. B. 343, a bill relating to extraterritorial zoning jurisdiction by the Town of Aberdeen, 
the Village of Pinehurst and the Town of Southern Pines in Moore County, with a 
favorable report. 

H. B. 326, a bill to annex certain Town owned property to the Town of Ayden, with a 
favorable report. 

H. B. 465, a bill to establish the extraterritorial planning jurisdiction for the Town of 
Blowing Rock, with a favorable report. 

By Senator Staton for the Judiciary II Committee: 

H. B. 225, a bill to make a technical correction in G. S. 32A-1, with a favorable report. 

H. B. 334 (Committee Substitute), a bill to permit municipal land planning ordinances to 
permit money instead of land dedication for recreational purposes, with a favorable 
report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hipps: 

S. B. 449, a bill to create a Crime Victims Compensation Fund, and to place a five 
thousand dollar limit on aggregate payouts. 
Referred to Judiciary I Committee. 

By Senator Harris: 

S. B. 450, a bill to amend the laws concerning the time of execution of persons sentenced 
to death. 
Referred to Judiciary IV Committee. 

By Senators Ward, Kaplan, Marvin, Ranch, Smith, Tally, and Walker: 

S. B. 451, a bill to classify certain works of fine art and exclude them from inventory tax. 
Referred to Finance Committee. 

By Senator Cobb: 



April 30, 1985 



1985] SENATE JOURNAL 277 

S. B. 452, a bill to amend the lyrics of the State song. 
Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 335 (Committee Substitute), a bill to prohibit trapping at certain times in Dare 
County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 550, a bill to amend Chapter 767 of the 1983 Session Laws and relating to the 
purchase of credit in the Charlotte Firemen's Retirement System. 
Referred to Pensions and Retirement Committee. 

H. B. 599, a bill to establish a Supplemental Pension Fund for firemen in the City of 
Mayodan. 
Referred to Pensions and Retirement Committee. 

On motion of Senator Royall, seconded by Senator Kaplan, the Senate adjourns in 
memory of the 1,595 North Carolinians who sacrificed their lives during the Vietnam 
conflict, to meet tomorrow, Wednesday, May 1, at 1:30 P.M. 



SIXTY-SECOND DAY 



Senate Chamber, 
Wednesday, May 1, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Del Parkenson, Pastor, First Baptist Church, 
Sanford, as follows: 

"We bow, Heavenly Father, at the opening of this Session of the North Carolina 
Senate to acknowledge Your sovereignty over our Uves, and over the affairs of mankind. 
Grant to each member of this Body a heart like that of our blessed Saviour — a heart more 
ready to minister than to be ministered unto. Guide today their deliberations to the end 
that the attitudes expressed and the actions which are taken might reflect for all the world 
to see the fruits of honesty, integrity, and commitment to the ideal of serving others. 

"May each Senator, O Lord, use: 

Disappointment as material for patience and determination; 

Success as material for thankfulness; 

Obstacles and opposition as material for perseverance; 

The unjust pressures sent in their direction by special interest groups and persons as 
material for courage; 

The carping criticism of those who have no vision as material for unyielding commit- 
ment to progress; 

The praise and flattery of their peers as material for humiUty and grace; 



May 1, 1985 



278 SENATE JOURNAL [Session 

The temptations always thrown in the pathway of those who would be leaders as 
material for self-control; 

Their position and privilege as material for commitment to the ideal of serving ALL 
the citizens of our great State. 

"These things I pray in their behalf, Lord, that they may be good stewards of the 
duties and opportunities with which You have endowed them — in the Name of the Father, 
and of the Son, and of the Holy Spirit. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Thomas of Craven is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 162, an act to amend the Workers' Compensation Act with respect to county 
agricultural extension service employees. (Ch. 144) 

H. B. 251 (Senate Committee Substitute), an act to amend the law regarding pubHc 
hospital bidding procedures. (Ch. 145) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 381, a bill to implement a constitutional amendment approved by the voters by 
providing for temporary service by retired State Supreme Court justices on either the 
Supreme Court or the Court of Appeals, with a favorable report. 

S. B. 380, a bill to allow the Chief Justice to recall retired justices and judges to assist 
the Appellate Division in expediting its work, with a favorable report, as amended. 

S. B. 396, a bill making technical and clarifying amendments concerning criminal law 
and procedure, and to restore the increased punishment for felony child abuse that was 
inadvertently repealed by the 1983 General Assembly, with a favorable report, as 
amended. 

By Senator Warren for the Transportation Committee: 

S. B. 387, a bill to exempt fire and emergency vehicles from light-traffic road weight 
limitations, with a favorable report. 

By Senator Guy for the State Government Committee: 

H. B. 390, a bill to clarify the insignia to be placed on military reserve license plates, 
with a favorable report. 



May 1, 1985 



1985] SENATE JOURNAL 279 

S. B. 390, a bill to change the holiday for Easter from Easter Monday to Good Friday, 
with a favorable report, as amended. 

By Senator Harris for the Human Resources Committee: 

H. B. 370, a bill to authorize the Commission for Health Services to exempt children 
already enrolled in school from nev^ immunization requirements, with a favorable report. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 237, a bill to provide Good Samaritan protection to public school employees and 
volunteers, with an unfavorable report as to bill, but favorable as to Committee Sub- 
stitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, May 2. 

By Senator Rauch for the Finance Committee: 

H. B. 8, a bill to eliminate double taxation of income in respect of a decedent, with a 
favorable report. 

H. B. 304, a bill to allow the governing body of any county or municipality to delegate 
the authority to make certain refunds and releases of property taxes, with a favorable 
report. 

H. B. 342, a bill to permit the City of Jacksonville to increase its parking penalties to five 
dollars, with a favorable report. 

S. B. 154, a bill to amend the Constitution to allow a county to exempt property held by a 
business as part of its inventory from property tax or reduce the amount of property tax, 
with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S. B. 453, a bill to clarify court costs for foreclosure under a power of sale. 
Referred to Judiciary IV Committee. 

By Senator Woodard: 

S. B. 454, a bill to appropriate funds to the North Carolina Arts Council to improve 
State programs in the arts. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



May 1, 1985 



280 SENATE JOURNAL [Session 

S. B. 114, a bill for the County of Onslow and its municipalities concerning zoning, for 
concurrence in House Amendments No. 1, which changes the title to read, S. B. 114, a bill 
for the County of Onslow and its municipalities and for the County of Nash concerning 
zoning, and No. 2 which is placed on the Calendar for Thursday, May 2. 

H. B. 496, a bill to provide that savings and loan associations shall have the same power 
as banks to make loans to candidates or political committees in the ordinary course of 
business. 

Referred to Election Laws Committee. 

H. B. 508, a bill to provide supplemental retirement funds for members of the City 
of Shelby Fire Department and to modify the application of G. S. 118-5, G. S. 118-6, and 
G. S. 118-7 to the City of Shelby. 

Referred to Pensions and Retirement Committee. 

H. B. 511, a bill to amend G. S. 108A-14 affecting the duties and responsibilities of 
county directors of social services. 

Referred to Human Resources Committee. 

H. B. 600 (Committee Substitute), a bill to provide for the taking of foxes in Rocking- 
ham County during short open season. 

Referred to Natural and Economic Resources and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 326, a bill to annex certain Town owned property to the Town of Ayden, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, 
Parnell, Plyler, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Somers, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, Warren, Watt, Winner, and Wood- 
ard— 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 247, a bill to allow Rowan County to establish voting precincts without regard to 
township boundaries. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 254, a bill to allow the Town of Wake Forest to dispose of real property at private 
sale for the purpose of economic development. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 255, a bill to allow the Town of Wake Forest to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Commissioners. 



May 1, 1985 



1985] SENATE JOURNAL 281 

Senator Speed offers Amendment No. 1 which is adopted (electronically recorded). 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 262 (Committee Substitute), a bill to amend G. S. 118-7 as that Statute applies to 
the City of Asheboro to establish supplemental retirement benefits for Asheboro's fire- 
men. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 263, a bill creating a bird sanctuary at Lake Tabor in Columbus County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 277, a bill to permit the Town of Kill Devil Hills to regulate building construction to 
prevent fire hazards. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 280, a bill authorizing the qualified voters of the Town of Beech Mountain to 
determine whether mixed beverages may be sold in that Town, 

The bill passes its second reading (electronically recorded). 

On objection of Senator Kincaid to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 282, a bill to amend the Charlotte Charter. 

Senator Harris offers a motion to the end that the bill be removed from the Calendar for 
today and recommitted to the Local Government and Regional Affairs Committee. 

Senator Cobb offers a substitute motion to the end that the bill be removed from the 
Calendar for today and placed on the Calendar for Friday, May 3, for consideration, which 
motion prevails. 

S. B. 343, a bill relating to extraterritorial zoning jurisdiction by the Town of Aberdeen, 
the Village of Pinehurst and the Town of Southern Pines in Moore County. 

On motion of Senator Hunt of Moore, consideration of the bill is postponed until 
Thursday, May 2. 

H. B. 465, a bill to establish the extraterritorial planning jurisdiction for the Town of 
Blowing Rock. 

The bill passes its second reading (electronically recorded). 

Senator Kincaid objects to third reading, which objection he subsequently withdraws. 
The bill passes its third reading and is ordered enrolled. 

S. B. 46 (Committee Substitute), a bill to amend the Constitution and the General 
Statutes to change the method of selecting the members of the State Board of Education 
and to make the Office of the Superintendent of Public Instruction appointive, upon 
second reading. 

Senator Sawyer offers Amendment No. 1 and requests that copies be distributed to the 
membership. 

The Chair orders the Committee Substitute bill, with Amendment No. 1 pending, 
temporarily displaced to provide the members an opportunity to study the Amendment. 



May 1, 1985 



282 SENATE JOURNAL [Session 

S. B. 147 (Committee Substitute), a bill to provide for the voluntary registration and 
dedication of natural areas, upon second reading. 

Having received a three-fifths affirmative majority vote, the Committee Substitute bill 
passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Guilford, Martin of Pitt, 
Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Simp- 
son, Smith, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, 
Ward, Warren, Winner, and Woodard — 43. j 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

S. B. 149, a bill to allow a personal income tax exemption for certain types of spina 
bifida, as amended, upon third reading. 

Senator Ward offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 274, a bill to amend Article 11, G. S. 130A, entitled "Sanitary Sewage Systems," 
upon third reading. 

Senator Martin of Pitt offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 296 (Committee Substitute), a bill to extinguish ancient mineral claims and to 
require the recordation and listing of these claims for taxation. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 379, a bill to prohibit discrimination in the business of life and accident and health 
insurance and annuities against persons who are blind or partially blind. 

On motion of Senator Rand, Committee Amendment No. 1 is adopted, changing the 
title to read, S. B. 379, a bill to prohibit discrimination in the business of life and accident 
and health insurance and annuities against persons who are blind or partially blind or deaf 
or partially deaf. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (electronically 
recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons. 



May 1, 1985 



1985] SENATE JOURNAL 283 

Senator Speed offers a motion that the Committee Substitute bill be removed from the 
Calendar for today and recommitted to the Judiciary I Committee, which motion fails to 
prevail (electronically recorded). 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Winner to its third reading, the Committee Substitute bill 
remains on the Calendar for further consideration upon third reading. 

H. B. 225, a bill to make a technical correction in G. S. 32A-1. 

Senator Staton offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 277, a bill to increase the requirements for pesticide applicator licenses for pilots. 

Senator Redman offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 334 (Committee Substitute), a bill to permit municipal land planning ordinances to 
permit money instead of land dedication for recreational purposes. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

S. B. 46 (Committee Substitute), a bill to amend the Constitution and the General 
Statutes to change the method of selecting the members of the State Board of Education 
and to make the Office of the Superintendent of Pubhc Instruction appointive, upon 
second reading, with pending Amendment No. 1, temporarily displaced by order of the 
Chair, is placed before the Senate for further consideration. 

Without objection, Amendment Nx). 1 is not read in its entirety as copies are available to 
the membership. 

Senator Warren is recognized to debate Amendment No. 1. Senator Sawyer rises to a 
point of order as to his right as the sponsor to explain Amendment No. 1. The Chair fails to 
sustain the point of order ruling that no objection was voiced as to the reading of 
Amendment No. 1 and the floor is awarded to the member addressing the Chair. 

Senator Warren offers a motion that Amendment No. 1 do lie upon the table, seconded 
by Senator Winner, which motion prevails (electronically recorded) and Amendment No. 
1 lies upon the table. 

Having received a three-fifths affirmative majority vote, the Committee Substitute bill 
passes its second reading by roll-call vote, ayes 41, noes 3, as follows: 

The following pair is announced: Senator Ballenger "aye," Senator Somers "no." 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Ranch, Redman, Royall, Shaw, Simpson, Smith, 
Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Ward, Warren, Watt, Winner, 
and Woodard — 41. 

Voting in the negative: Senators Cobb, Sawyer, and Walker — 3. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 



May 1, 1985 



284 SENATE JOURNAL [Session 

APPOINTMENTS BY THE GOVERNOR 

The Chair directs the Reading Clerk to read the following letter from the Governor: 

State of North Carolina 

Office of the Governor 

Raleigh 27611 

May 1, 1985 

The Honorable Robert B. Jordan III 

President of the Senate 

Lieutenant Governor of North CaroUna • 

Legislative Building 

Raleigh, North CaroUna 27611 

Re: North CaroUna Utilities Commission 

Dear Lieutenant Governor: 

Pursuant to North Carolina General Statute Section 62-10, I hereby appoint Ms. Sarah 
Tate, Wake County; Robert 0. Wells, Guilford County; and Julius A. Wright, New 
Hanover County; to the North Carolina Utilities Commission to serve terms beginning 
July 1, 1985, and expiring June 30, 1993, subject to confirmation by the General Assembly 
in joint session, and hereby submit their names to the General Assembly for said confirma- 
tion. 

Sincerely, 

S/ James G. Martin 

Governor 

Referred to Commerce Committee. 

On motion of Senator Harrington, seconded by Senator Harris, the Senate adjourns to 
meet tomorrow. May 2, at 1:30 P.M. 



SIXTY-THIRD DAY 



Senate Chamber, 
Thursday, May 2, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Michael Safley, Associate Director, Conference 
Council on Ministries, United Methodist Church, Raleigh, as follows: 

"0 Lord, God of Compassion and Justice, we pray to You today. In the midst of hectic 
schedules and special interests demanding our time, help us to take time for reflection and 
our own needs. Lord, help us not to become so burdened with daily responsibilities that we 
never take time to enjoy our family, our friends, and the beauty of Your creation. Lord, 
we know the crises that surround us — problems in education, transportation, crime, 
communication and so much more. But Lord, help us to realize that in order to solve these 



May 2, 1985 



1985] SENATE JOURNAL 285 

problems effectively we must be physically and mentally alert. Therefore, give us the 
strength to care about ourselves so that we will be able to tend to the business of the State 
and Nation. Forgive us for trying to be all things to all people and neglecting our physical 
and spiritual needs. 

"Lord, You set the example. When the demands became so overwhelming You sepa- 
rated Yourself and retreated to a secluded spot in order to discover answers and to refresh 
a weary soul. Enable us to follow Your example in these difficult days in which we face 
important decisions. 

"Lord, help us to be open to You so that You may refresh us, strengthen us and em- 
power us. 

"In Your Name we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

A leave of absence granted previously to Senator Thomas of Craven is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 334 (Committee Substitute), an act to permit municipal land planning ordinances 
to permit money instead of land dedication for recreational purposes. (Ch. 146) 

H. B. 465, an act to estabhsh the extraterritorial planning jurisdiction for the Town of 
Blowing Rock. (Ch. 147) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

H. B. 681, a bill to impose comparable license fees on out-of-state fishermen, with a 
favorable report. 
On motion of Senator Tally, the bill is re-referred to the Finance Committee. 

By Senator Hardison for the Commerce Committee: 

S. B. 126, a bill to empower nonprofit corporations to enter into arrangements with 
others for sharing of benefits or union of interests, with a favorable report. 

S. B. 173, a bill to amend G. S. 54B-14 concerning examination of certificates of 
incorporation of savings and loan associations by the Secretary of State, with a favorable 
report. 

On motion of Senator Hardison, the bill is placed on the Calendar for Tuesday, May 7. 



May 2, 1985 



286 SENATE JOURNAL [Session 

S. B. 174, a bill to amend G. S. 54B-147 concerning the fee which may be charged for 
returned checks by savings and loan associations, with a favorable report. 

On motion of Senator Hardison, the bill is placed on the Calendar for Tuesday, May 7. 

S. B. 175, a bill to amend G. S. Chapter 115C to permit local school administrative units 
to deposit funds in savings and loan associations and to designate savings and loan 
associations as official depositories, with a favorable report. 

On motion of Senator Hardison, the bill is placed on the Calendar for Tuesday, May 7. 

By Senator Staton for the Judiciary II Committee: 

S. B. 206, a bill authorizing the collection of spousal support in certain instances in cases 
brought or enforced under this Article, as required by federal law, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Staton, the rules are suspended and the Committee Substitute bill 
which changes the title to read, S. B. 206, a bill authorizing the collection of spousal 
support in certain instances in cases brought or enforced under Article 9 of Chapter 110 of 
the General Statutes, as required by Part D of Title IV of the Social Security Act, is placed 
before the Senate for immediate consideration. 

On motion of Senator Staton, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 3. 

S. B. 244, a bill to make the unlawful possession of hydromorphone, commonly known as 
Dilaudid, a Class I felony, with a favorable report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 160, a bill to clarify the governing bodies required to provide annual certification of 
firemen eligible for membership in the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund, with a favorable report. 

H. B. 273, a bill to amend an act to provide a supplemental retirement fund for firemen 
in the Town of Tarboro and to modify the apphcation of G. S. 118-5, 118-6, and 118-7 to the 
Town of Tarboro, with a favorable report. 

H. B. 376, a bill to provide a local supplemental retirement benefit fund for fire fighters 
in the Town of Cary and to modify the application of G. S. 118-5 and G. S. 118-7, with a 
favorable report. 

By Senator Barnes for the Judiciary I Committee: 

S. B. 242, a bill to require consent of the Cabarrus County Board of Commissioners 
before land in that County may be condemned or acquired by a unit of local government 
outside the County, with a favorable report. 

On motion of Senator Barnes, the bill is placed on the Calendar for Monday, May 6. 

H. B. 130, a bill to allow modification of a child custody or support order in a different 
county, with a favorable report, as amended. 

S. B. 87, a bill to provide for attorney's fees in foreclosure proceedings, with an 
unfavorable report. 

By Senator Swain for the Judiciary III Committee: 

S. B. 251, a bill to clarify the Fair Housing Act, with a favorable report. 



May 2, 1985 



1985] SENATE JOURNAL 287 

S. B. 339, a bill clarifying the standing of the designated representative of county 
commissioners to bring actions under this Article, with a favorable report. 

S. B. 408, a bill to change the standard working hours during which a judge can permit 
limited driving privileges after a conviction for driving while impaired, with a favorable 
report. 

H. B. 419 (Committee Substitute), a bill to allow notice of a mineral interest to be made 
on behalf of a claimant by an agent, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 419, a bill to allow a prosecutor to enter a dismissal with leave for nonappearance 
when a defendant cannot be found to serve an order for arrest after the grand jury has 
indicted him, with a favorable report. 

S. B. 435, a bill to allow physicians practicing psychiatry and licensed psychologists to 
form professional corporations, with a favorable report. 

S. B. 433, a bill to add adultery as a ground for divorce from bed and board, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for Friday, May 8. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Staton: 

S. B. 455, a bill to authorize federal judges and magistrates to perform the marriage 
ceremony. 
Referred to Judiciary II Committee. 

By Senators Sawyer and Shaw: 

S. B. 456, a bill to require certain persons arrested for impaired driving to receive 
medical care. 

Referred to Judiciary I Committee. 

By Senators Swain, McDuffie, and Sawyer: 

S. B. 457, a bill to provide that the killing of a security guard, company police officer, 
railroad police officer, or private investigator is an aggravating circumstance for con- 
sideration by the jury at the sentencing hearing of the first degree murder trial. 

Referred to Judiciary III Committee. 

By Senators Hunt of Moore and Walker: 

S. J. R. 458, a joint resolution honoring Matthew Wilkes Brown and recognizing the 
importance of organ donations. 
Referred to Rules and Operation of the Senate Committee. 



May 2, 1985 



288 SENATE JOURNAL [Session 

By Senators Kaplan, Martin of Guilford, Sawyer, Shaw, and Ward: 

S. B. 459, a bill to increase the size of the Greensboro-High Point Airport Authority 
membership by two from the F.A.A. service area. 
Referred to Judiciary II Committee. 

By Senators Rauch, Harris, Marvin, McDuffie, Sawyer, and Smith: 

S. B. 460, a bill to classify property owned by a nonprofit residential retirement center 
and exclude this property from taxation. 
Referred to Finance Committee. 

By Senator Hipps: 

S. B. 461, a bill to provide for private sale of redevelopment property. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hipps: 

S. B. 462, a bill to authorize the use of property taxes for community development 
activities. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Hipps: 

S. B. 463, a bill to facilitate rehabilitation and new construction in urban redevelopment 
areas. 
Referred to Local Government and Regional Affairs Committee: 

By Senator Woodard: 

S. B. 464, a bill relating to cosmetic arts. 

Referred to Human Resources Committee. ^ 

By Senators Conder and Plyler: 

S. B. 465, a bill to appropriate capital funds to build a regional allied health center at 
Stanly Technical College. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 466, a bill to appropriate funds to assist in the continued restoration of the Person 
Place. 

Referred to Appropriations Committee. 

By Senators Harris, Harrington, Marvin, McDuffie, Redman, Sawyer, Tally, and 
Ward: 

S. B. 467, a bill to provide funds for the perinatal program. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



May 2, 1985 



1985] SENATE JOURNAL 289 

S. B. 27, a bill relating to installment loans, loans secured by secondary mortgages, and 
loans by licensees under the North CaroUna Consumer Finance Act, for concurrence in 
the House Committee Substitute bill which is placed on the Calendar for tomorrow, 
May 3. 

H. B. 85, a bill to conform the North Carolina Rules of Civil Procedure to the federal 
rules with regard to abusive discovery practices. 
Referred to Judiciary II Committee. 

H. B. 189, a bill for special registration plates for disabled veterans who are not one 
hundred percent disabled. 

Referred to Transportation Committee. 

H. B. 346, a bill to require that when names are affixed to discharges and releases of 
deeds of trust or other instruments the names be printed or typed so as to be legible. 
Referred to Judiciary IV Committee. 

H. B. 356, a bill to require a judicial official to state the reason(s) for requiring a secured 
bail bond as a condition of pretrial release. 
Referred to Judiciary III Committee. 

H. B. 368 (Committee Substitute), a bill to include the moving traffic violation com- 
monly known as "exceeding a safe speed" in the Safe Driver Insurance Plan exception. 
Referred to Insurance Committee. 

H. B. 475, a bill to include optometrists, veterinarians, and nurses in the exemption 
from the conflict of interest provisions governing membership on certain local boards. 
Referred to Judiciary II Committee. 

H. B. 574, a bill to provide that District Court may sit in Havelock until June 30, 1986. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 649, a bill making it a general misdemeanor to sell or give to a minor a shurikin, 
commonly known as a star. 
Referred to Judiciary III Committee. 

H. B. 723, a bill to amend the North Carolina Uniform Commercial Code. 
Referred to Judiciary IV Committee. 

RE-REFERRALS 

S. B. 9, a bill to make the use of child restraint systems in motor vehicles permanent and 
to broaden the requirements for their use. 

On motion of Senator Hipps, the bill is taken from the Children and Youth Committee 
and re-referred to the Transportation Committee. 

S. B. 54, a bill to lift the sunset on the child restraint requirement. 
On motion of Senator Hipps, the bill is taken from the Children and Youth Committee 
and re-referred to the Transportation Committee. 

S. B. 449, a bill to create a Crime Victims Compensation Fund, and to place a five 
thousand dollar limit on aggregate payouts. 

On motion of Senator Hipps, and without objection, the bill is taken from the Judi- 
ciary I Committee and re-referred to the Judiciary IV Committee. 



May 2, 1985 



290 SENATE JOURNAL [Session 

S. B. 453, a bill to clarify court costs for foreclosure under a power of sale. 
On motion of Senator Hipps, and without objection, the bill is taken from the Judi- 
ciary IV Committee and re-referred to the Finance Committee. 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills. 

On motion of Senator Hipps, the bill is taken from the Calendar for Thursday, May 2, 
and recommitted to the Judiciary II Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 326, a bill to annex certain Town owned property to the Town of Ayden, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simp- 
son, Smith, Soles, Somers, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, 
Ward, Warren, Watt, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. ■ / 

The bill is ordered enrolled. 

S. B. 283, a bill to empower Montgomery Memorial Hospital, Inc. to use attachment and 
garnishment procedures for collecting unpaid bills, upon second reading. 
On motion of Senator Plyler, the bill is recommitted to the Judiciary II Committee. 

S. B. 343, a bill relating to extraterritorial zoning jurisdiction by the Town of Aberdeen, 
the Village of Pinehurst and the Town of Southern Pines in Moore County. 

Senator Hunt of Moore offers Amendment No. 1 which is adopted (electronically 
recorded), changing the title to read, S. B. 343, a bill relating to the exercise of ex- 
traterritorial planning powers by the Town of Aberdeen, the Villege of Pinehurst and the 
Town of Southern Pines in Moore County. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 342, a bill to permit the City of Jacksonville to increase its parking penalties to five 
dollars. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 280, a bill authorizing the qualified voters of the Town of Beech Mountain to 
determine whether mixed beverages may be sold in that Town, upon third reading. 

Senator Kincaid offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 114, a bill for the County of Onslow and its municipalities and for the County of 
Nash concerning zoning, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Guy, the Senate concurs in House Amendments No. 1 and No. 2, 
and the bill is ordered enrolled. 



May 2, 1985 



1985] SENATE JOURNAL 291 

S. B. 46 (Committee Substitute), a bill to amend the Constitution and the General 
Statutes to change the method of selecting the members of the State Board of Education 
and to make the Office of the Superintendent of Public Instruction appointive, upon third 
reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 42, noes 4, 
as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Conder, Ezzell, Goldston, Guy, 
Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Shaw, Simpson, Smith, 
Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Ward, Warren, Watt, Winner, 
Woodard, and Wright — 42. 

Voting in the negative: Senators Cobb, Sawyer, Somers, and Walker — 4. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S. B. 147 (Committee Substitute), a bill to provide for the voluntary registration and 
dedication of natural areas, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Martin of 
Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, 
Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of 
Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and Wright — 48. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S. B. 154, a bill to amend the Constitution to allow a county to exempt property held by a 
business as part of its inventory from property tax or reduce the amount of property tax, 
upon second reading. 

On motion of Senator Rauch, consideration of the bill is postponed until Monday, May 6. 

S. B. 237 (Committee Substitute), a bill to provide Good Samaritan protection to public 
school employees and volunteers. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 380, a bill to allow the Chief Justice to recall retired justices and judges to assist 
the Appellate Division in expediting its work. 

On motion of Senator Rand, Committee Amendment No. 1 is adopted. 

Senator Rand offers a motion that the bill, as amended, be re-referred to the Appro- 
priations Committee, which motion prevails. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 

S. B. 381, a bill to implement a constitutional amendment approved by the voters by 
providing for temporary service by retired State Supreme Court justices on either the 
Supreme Court or the Court of Appeals. 

On motion of Senator Rand, the bill is re-referred to the Appropriations Committee. 



May 2, 1985 



292 SENATE JOURNAL [Session 

S. B. 387, a bill to exempt fire and emergency vehicles from light-traffic road weight 
limitations. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 390, a bill to change the holiday for Easter from Easter Monday to Good Friday. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted, changing the 
title to read, S. B. 390, a bill to change the holiday for Easter from Easter Monday to the 
Friday before Easter Sunday. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 396, a bill making technical and clarifying amendments concerning criminal law 
and procedure, and to restore the increased punishment for felony child abuse that was 
inadvertently repealed by the 1983 General Assembly. 

On motion of Senator Rand, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 8, a bill to eliminate double taxation of income in respect of a decedent. 

On motion of Senator Rauch, the bill is re-referred to the Ways and Means Committee. 

H. B. 304, a bill to allow the governing body of any county or municipality to delegate 
the authority to make certain refunds and releases of property taxes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 370, a bill to authorize the Commission for Health Services to exempt children 
already enrolled in school from new immunization requirements. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Taft to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

H. B. 390, a bill to clarify the insignia to be placed on military reserve license plates. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons, upon third reading. 

Senator Winner offers Amendment No. 1. 

On motion of Senator Winner, consideration of the Committee Substitute bill, with 
Amendment No. 1 pending, is postponed until Monday, May 6 (electronically recorded). 

On motion of Senator Harrington, seconded by Senator Speed, the Senate adjourns to 
meet tomorrow, Friday, May 3, at 10:00 A.M. 



SIXTY-FOURTH DAY 



,' Senate Chamber, 

Friday, May 3, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

May 3, 1985 



1985] SENATE JOURNAL 293 

Prayer is offered by the Reverend Edward F. Hill, Associate Minister of Edenton 
Street United Methodist Church, Raleigh, as follows: 

"There is a world outside of these walls, God. A world not of our own making, but a 
world created out of Your love and sustained by Your mercy. In such a world it is a 
privilege for each of us to gather in this place to be about the tasks of governing. In a world 
as big as ours, we acknowledge that we and our people are a mere speck in the cosmos. But 
we rejoice in the assurance that to Your Eye there is none more precious than the people of 
this State. For those people, and for the privilege to serve them, we give You thanks. 

"We give thanks also for those among us who come today with lofty ideals, those who 
come to serve others at a sacrifice to themselves, and those who come being particularly 
sensitive to the needs of people and their ovni need for Your guidance. And we, as 
members of this Body, are grateful for the call to serve and thankful for the clarity of mind 
vdth which to make decisions. 

"0 God, Thou knowest our hearts better than we ourselves. Look at the desires within 
us and elevate them to new heights; purify our thoughts, and direct our words and actions 
to Your glory. As we seek to accomphsh the work that is before us, we remember the 
words of Christ when He said, 'not My will, but (Father) Thy will be done.' Might the 
desires and wishes of our hearts be in accordance with Your will for us. 

"In all that we do, say, and seek to accomphsh, may there be a whisper in our heart that 
says, Lord not what I will for my glory, but God to Thy glory might I do Your will. 

"We pray in the Name of God our Creator, Redeemer, and Sustainer. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses vdth the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Soles for today. 

A leave of absence granted previously to Senator Thomas of Craven is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 114, an act for the County of Onslow and its municipalities and for the County of 
Nash concerning zoning. (Ch. 148) 

S. B. 150, an act to increase the certified pubhc accountant examination fee. (Ch. 149) 

H. B. 304, an act to allow the governing body of any county or municipality to delegate 
the authority to make certain refunds and releases of property taxes. (Ch. 150) 

H. B. 326, an act to annex certain Town owned property to the Town of Ayden. 
(Ch. 151) 

H. B. 342, an act to permit the City of Jacksonville to increase its parking penalties to 
five dollars. (Ch. 152) 



May 3, 1985 



294 SENATE JOURNAL [Session 

H. B. 390, an act to clarify the insignia to be placed on military reserve license plates. 
(Ch. 153) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Barnes for the Judiciary I Committee: 

S. B. 52, a bill to increase the time during which community service for impaired driving 
convictions must be completed, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill which changes the title to read, S. B. 52, a bill to allow the coordinator, under certain 
conditions, to extend the time within which community service for impaired driving 
convictions must be completed, is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, May 7. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Barnes, Taft, and Winner: 

S. B. 468, a bill to provide that expenses for a wrongful death action may be advanced 
from the decedent's estate. 

Referred to Judiciary I Committee. 

By Senators Shaw, Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, Harrington, 
Hipps, Hunt of Durham, Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Pitt, 
Marvin, McDuffie, Price, Redman, Royall, Sawyer, Simpson, Smith, Soles, Somers, 
Swain, Taft, Thomas of Craven, Thomas of Henderson, Walker, and Wright: 

S. B. 469, a bill to require that zoning procedures include a notice requirement. 
Referred to Judiciary IV Committee. 

By Senators Kaplan, Johnson of Cabarrus, Martin of Guilford, Marvin, Ranch, Shaw, 
Staton, Tally, Thomas of Henderson, and Wright: 

S. B. 470, a bill to remove barriers to direct insurance reimbursement to specialty 
nurses for professional services within their scope of practice. 
Referred to Judiciary II Committee. 

By Senators Martin of Guilford, Basnight, Guy, Harrington, Harris, Hunt of Durham, 
Parnell, Ranch, Royall, Speed, Taft, Walker, and Winner: 

S. B. 471, a bill to allow for appointment of additional registration commissioners. 
Referred to Election Laws Committee. 



May 3, 1985 



i 



1985] SENATE JOURNAL 295 

By Senator Sawyer: 

S. B. 472, a bill to extend for two years the time for compliance by insurers with capital 
and/or surplus requirements for formation of insurance companies. 
Referred to Insurance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 564, a bill to permit the Town of Hope Mills to lease water rights for hydroelectric 
power generation for more than ten years. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 674, a bill to clarify and simply the escheats and abandoned property statutes. 
Referred to Judiciary I Committee. 

H. B. 754, a bill to amend G. S. 20-7.2(b) relating to comphance with 90-day failures. 
Referred to Judiciary II Committee. 

H. B. 423, a bill to amend the Charter of the Town of Holly Springs concerning zoning 
regulations. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 430, an act to permit vehicles operated by Macon County emergency medical 
service personnel to have red lights. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 449, an act relating to zoning by Wake County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 466, a bill to authorize flexible procedures for the disposition of redevelopment 
property by the City of Goldsboro. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 489, a bill to increase the number of members of the Winston-Salem/Forsyth 
County Board of Education from eight to nine members, and remove the limitation on 
reelection or reappointment of school board members. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 529, a bill to add Robeson County to the list of counties in which it is a crime to 
obtain ambulance services without intending to pay for the services or to make an 
unneeded ambulance request. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 577, a bill to permit persons less than 16 to take noncredit courses in the 
Community College System. 
Referred to Higher Education Committee. 

H. B. 616, a bill to authorize Currituck County to place or require developers to place 
stop signs as needed on streets not accepted into the State street system. 
Referred to Local Government and Regional Affairs Committee. 



May 3, 1985 



296 SENATE JOURNAL [Session 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 282, a bill to amend the Charlotte Charter. 

Senator Hardison offers a motion to the end that the bill be re-referred to the Judiciary 
III Committee, which motion fails to prevail (electronically recorded). 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 273, a bill to amend an act to provide a supplemental retirement fund for firemen 
in the Town of Tarboro and to modify the application of G. S. 118-5, 118-6, and 118-7 to the 
Town of Tarboro. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 376, a bill to provide a local supplemental retirement benefit fund for fire fighters 
in the Town of Cary and to modify the application of G. S. 118-5 and G. S. 118-7. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 126, a bill to empower nonprofit corporations to enter into arrangements with 
others for sharing of benefits or union of interests. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 160, a bill to clarify the governing bodies required to provide annual certification of 
firemen eligible for membership in the North CaroHna Firemen's and Rescue Squad 
Workers' Pension Fund. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 206 (Committee Substitute), a bill authorizing the collection of spousal support in 
certain instances in cases brought or enforced under Article 9 of Chapter 110 of the 
General Statutes, as required by Part D of Title IV of the Social Security Act. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 244, a bill to make the unlawful possession of hydromorphone, commonly known as 
Dilaudid, a Class I felony. 

Senator Martin of Guilford offers Amendment No. 1 which fails of adoption (electroni- 
cally recorded). 

The bill passes its second reading (electronically recorded). 

On objection of Senator Swain to its third reading, the bill remains on the Calendar for 
Tuesday, May 7, for further consideration upon third reading. 

S. B. 251, a bill to clarify the Fair Housing Act. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 339, a bill clarifying the standing of the designated representative of county 
commissioners to bring actions under this Article. 
The bill passes its second reading (electronically recorded). 



May 3, 1985 



1985] SENATE JOURNAL 297 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
Monday, May 6, for further consideration upon third reading. 

S. B. 408, a bill to change the standard working hours during which a judge can permit 
limited driving privileges after a conviction for driving while impaired. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Martin of Guilford to its third reading, the bill remains on the 
Calendar for Monday, May 6, for further consideration upon third reading. 

Senator Martin of Guilford withdraws his objection to the third reading and without 
objection, the bill is taken from the Calendar for Monday, May 6, and is placed before the 
Senate for further consideration upon third reading. 

Senator Martin of Guilford offers Amendment No. 1. 

On motion of Senator Martin of Guilford, the bill with pending Amendment No. 1 is 
recommitted to the Judiciary III Committee. 

S. B. 419, a bill to allow a prosecutor to enter a dismissal with leave for nonappearance 
when a defendant cannot be found to serve an order for arrest after the grand jury has 
indicted him. 

The bill passes its second (electronically recorded) and third readings. 

Senator Staton requests to be recorded voting "aye." 

The bill is ordered sent to the House of Representatives. 

S. B. 433 (Committee Substitute), a bill to add adultery as a ground for divorce from bed 
and board. 

The Committee Substitute bill passes its second reading (electronically recorded). 

On objection of Senator Watt to its third reading, the Committee Substitute bill 
remains on the Calendar for further consideration upon third reading. 

S. B. 435, a bill to allow physicians practicing psychiatry and Hcensed psychologists to 
form professional corporations. 

The bill passes its second reading (electronically recorded) and remains, without 
objection, before the Senate for further consideration, upon third reading. 

Senator Redman offers Amendment No. 1. 

On motion of Senator Harris, consideration of the bill, with pending Amendment No. 1, 
is postponed until Monday, May 6. 

H. B. 130, a bill to allow modification of a child custody or support order in a different 
county. 

On motion of Senator Watt, Committee Amendment No. 1 is adopted. 

Senator Watt offers Amendment No. 2 which is adopted (electronically recorded). 

On motion of Senator Barnes, further consideration of the bill, as amended, is post- 
poned until Monday, May 6. 

H. B. 419 (Committee Substitute), a bill to allow notice of a mineral interest to be made 
on behalf of a claimant by an agent. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 370, a bill to authorize the Commission for Health Services to exempt children 
already enrolled in school from new immunization requirements, upon third reading. 
The bill passes its third reading (electronically recorded) and is ordered enrolled. 



May 8, 1985 



298 SENATE JOURNAL [Session 

S. B. 27 (House Committee Substitute), a bill relating to installment loans, loans 
secured by secondary mortgages, and loans by licensees under the North Carolina 
Consumer Finance Act, for concurrence in the House Committee Substitute bill. 

On motion of Senator Woodard, the Senate concurs in the House Committee Substitute 
bill (electronically recorded), and the House Committee Substitute bill is ordered en- 
rolled. 

S. B. 435, a bill to allow physicians practicing psychiatry and Ucensed psychologists to 
form professional corporations, upon third reading with pending Amendment No. 1. 

Without objection, the bill with pending Amendment No. 1 is taken from the Calendar 
for Monday, May 6, and is placed before the Senate for further consideration today upon 
third reading. 

Without objection. Senator Redman withdraws Amendment No. 1. 

The bill passes its third reading and is ordered sent to the House of Representatives. 

On motion of Senator Harrington, seconded by Senator Martin of Guilford, the Senate 
adjourns to meet Monday, May 6, at 8:00 P.M. 



SIXTY-FIFTH DAY 



Senate Chamber, 
Monday, May 6, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend J. Earl Richardson, Minister of Visitation, Edenton 
Street United Methodist Church, Raleigh, as follows: 

"0 Thou, Who dost govern the world in righteousness, and whose judgments are true 
and righteous altogether: Grant, we pray Thee, that those who rule over us and who 
legislate for us may be of one mind to establish justice and promote the welfare of all our 
people. 

"Endow all members of the Senate with a right understanding, pure purposes, and 
sound speech. Enable them to rise above all self-seeking and party zeal to the nobler 
concerns of public good and human brotherhood. Cleanse all public life of every evil; 
subdue in our Nation all that is harmful; and make us a disciplined and devoted people, 
that we may do Thy will on earth as it is done in Heaven; even through Jesus Christ our 
Lord. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Cobb and Staton for tonight. 

The President grants courtesies of the floor to Richard W. Barnes, former Senator from 
Forsyth County. 



May 6, 1985 



1985] SENATE JOURNAL 299 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 27 (House Committee Substitute), an act relating to installment loans, loans 
secured by secondary mortgages, and loans by Ucensees under the North Carolina 
Consumer Finance Act. (Ch. 154) 

S. B. 161, an act to change the manner of election of the Lincoln County Board of 
Education from partisan to nonpartisan plurality election, and to provide for election by 
residence district instead of nomination by voting district and election by residence 
district. (Ch. 155) 

S. B. 215, an act to incorporate the Village of Bald Head Island. (Ch. 156) 

H. B. 273, an act to amend an act to provide a supplemental retirement fund for firemen 
in the Town of Tarboro and to modify the apphcation of G. S. 118-5, 118-6, and 118-7 to the 
Town of Tarboro. (Ch. 157) 

H. B. 370, an act to authorize the Commission for Health Services to exempt children 
already enrolled in school from new immunization requirements. (Ch. 158) 

H. B. 376, an act to provide a local supplemental retirement benefit fund for fire fighters 
in the Town of Cary and to modify the apphcation of G. S. 118-5 and G. S. 118-7. (Ch. 159) 

H. B. 419 (Committee Substitute), an act to allow notice of a mineral interest to be made 
on behalf of a claimant by an agent. (Ch. 160) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Ballenger and Wright: 

S. B. 473, a bill to remove the limitation on legal service benefits payable to motor club 
members. 
Referred to Insurance Committee. 

By Senators Taft and Martin of Pitt: 

S. B. 474, a bill to provide funds for a high technology classroom facihty at Pitt 
Community College. 
Referred to Appropriations Committee. 

By Senators Hipps and Thomas of Henderson: 

S. B. 475, a bill to appropriate funds for an after-school program in the Haywood County 
Schools. 
Referred to Appropriations Committee. 

By Senators Royall, Hardison, Harris, and Walker: 

S. B. 476, a bill to appropriate funds for services to persons with autism and similar 



May 6, 1985 



300 SENATE JOURNAL [Session 

developmental disabilities. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson, Ballenger, Barnes, Basnight, Conder, Ezzell, 
Goldston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, McDuffle, Parnell, Plyler, Rand, Redman, Royall, Sawyer, Shaw, 
Smith, Soles, Somers, Speed, Staton, Swain, Taft, Walker, Warren, Winner, Woodard, 
and Wright: 

S. B. 477, a bill to appropriate funds for land acquisition at State Parks and for capital 
improvements at State Parks. 
Referred to Appropriations Committee. 

By Senator Staton: 

S. B. 478, a bill to improve the administration of the property tax. 
Referred to Finance Committee. ' 

By Senators Parnell, Basnight, Guy, and Harrington: 

S. B. 479, a bill to amend and clarify certain requirements for the purchase of creditable 
service for temporary employment by members of the Teachers' and State Employees' 
Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senators Sawyer and Shaw: 

S. B. 480, a bill to allow appeals by the State on important questions of law in criminal 
cases. 
Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 413, a bill to change the burden of proof in civil actions to establish paternity. 
Referred to Judiciary IV Committee. 

H. B. 421, a bill to amend the Charter of the Town of Garner concerning zoning 
regulations. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 547, a bill to allow Mecklenburg County to appropriate non-ad valorem tax funds 
to promote and further the Carolinas Carrousel. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 610 (Committee Substitute), a bill to permit the Utilities Commission to employ 
legal counsel and recover the cost for that counsel when appearing before federal courts 
and agencies in matters relating to the wholesale rates for natural gas. 

Referred to Commerce Committee. 

H. B. 617, a bill to annex an area to the Town of Hertford. 
Referred to Local Government and Regional Affairs Committee. 



May 6, 1985 



1985] SENATE JOURNAL 301 

H. B. 648 (Committee Substitute), a bill to amend G. S. 6-21.1 to raise the judgment 
limit to ten thousand dollars. 
Referred to Judiciary I Committee. 

H. B. 668, a bill to permit the Clinton Board of Alcoholic Control to contract with the 
City of Clinton for alcohol beverage control law enforcement services and to extend the 
enforcement area to six miles around the City of Clinton. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 703, a bill to amend the funeral and trust funds laws. 
Referred to Human Resources Committee. 

H. B. 742, a bill to permit the Secretary of Revenue to delegate the authority to hold 
hearings required or allowed under Chapter 105, Taxation. 
Referred to Finance Committee. 

H. B. 804, a bill to establish the boundary between the Alamance County and Burling- 
ton City Schools Administrative Units. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 52 (Committee Substitute), a bill to amend Chapter 105 A of the General Statutes, 
add a new Article 12 to Chapter 143B of the General Statutes, and make other changes in 
the administrative procedures of executive agencies. 

Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 242, a bill to require consent of the Cabarrus County Board of Commissioners 
before land in that County may be condemned or acquired by a unit of local government 
outside the county. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 154, a bill to amend the Constitution to allow a county to exempt property held by a 
business as part of its inventory from property tax or reduce the amount of property tax, 
upon second reading. 

On motion of Senator Thomas of Henderson, Committee Amendment No. 1 is adopted. 

On motion of Senator Thomas of Henderson, the bill, as amended, is recommitted to the 
Finance Committee. 

H. B. 130, a bill to allow modification of a child custody or support order in a different 
county, as amended. 

On motion of Senator Watt, the bill, as amended, is recommitted to the Judiciary I 
Committee. 

S. B. 339, a bill clarifying the standing of the designated representative of county 
commissioners to bring actions under this Article, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 



May 6, 1985 



302 SENATE JOURNAL [Session 

S. B. 433 (Committee Substitute), a bill to add adultery as a ground for divorce from bed 
and board, upon third reading. 

The Committee Substitute bill passes its third reading (electronically recorded) and is 
ordered sent to the House of Representatives. 

H. B. 87 (Committee Substitute), a bill to clarify the law against carrying concealed 
weapons, with pending Amendment No. 1, upon third reading. 

Without objection. Senator Winner withdraws pending Amendment No. 1. 

Senator Winner offers Amendment No. 2 which is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 2. 

The President recognizes the following pages serving in the Senate this week: Sonya 
Page Bagley, Peachland; Jason Tate Benson, Four Oaks; Vonzella Brown, Vanceboro; 
Georgette McConner Burney, New Bern; Michael A. Burns, Greensboro; Leah Dawn 
Chappell, Wake Forest; Eric Newton Feeney, Statesville; Trent Gazzaway, Newport; 
David Lee Holmes, Jr., Raleigh; Brian Mahler, Havelock; Andrew Myles Shive, Monroe; 
William Todd Stillerman, Buies Creek; Andrea Yvette Thornton, Oxford; and Kimberly 
S. Williams, Greenville. 

On motion of Senator Harrington, seconded by Senator Martin of Guilford, the Senate 
adjourns to meet tomorrow, Tuesday, May 7, at 1:30 P.M. 



SIXTY-SIXTH DAY 



Senate Chamber, 
Tuesday, May 7, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend D. W. McCollough, Pastor, First Baptist Church, 
Lewiston-Woodville, as follows: 

"Our Father, we thank You for each expression of love which You have shown to us. We 
appreciate Your goodness to us in so many ways, and Father, we thank You for the people 
who run our government of our State. We pray that You would bless each one of them and 
help us. Father, as we contribute in the best way that we can to our fellow man. 

"We pray Your blessings upon this Session. We ask that You would teach us to love, to 
express love and kindness to our fellow man in a real and vital way. For we ask it in Your 
Name, Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Guy for today and tomorrow, 
Wednesday, May 8. 



May 7, 1985 



1985] SENATE JOURNAL 303 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 212, an act to provide for fees to be collected by the North Carolina Board of 
Physical Therapy Examiners. (Ch. 161) 

H. B. 225, an act to make a technical correction in G. S. 32A-1. (Ch. 162) 

H. B. 277, an act to increase the requirements for pesticide applicator Ucenses for pilots. 
(Ch. 163) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them asnd take their place on the Calendar as 
follows: 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 288, a bill to establish clearer and stronger standards for agreements between 
domestic insurers and reinsurers, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Thursday, May 9. 

S. B. 289, a bill to provide for the integrity of insurance company assests for the 
protection of policyholders, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill, which changes the title to read S. B. 289, a bill to provide for the integrity 
of domestic insurance company assets for the protection of policyholders, is placed before 
the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is placed on the Calendar for Thursday, May 9. 

S. B. 311, a bill to create the State Health Insurance Pool of North Carolina, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended and the Committee 
Substitute bill, which changes the title to read S. B. 311, a bill to provide for the study by 
the Indigent Health Care Study Commission of the availability of health insurance, is 
placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is adopted, and 
on his further motion is re-referred to the Appropriations Committee. 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. B. 182, a bill to expand the membership of the Joint Legislative Commission on 
Governmental Operations, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 



May 7, 1985 



304 SENATE JOURNAL [Session 

S. J. R. 224, a joint resolution authorizing the Legislative Research Commission to 
study whether home study programs should satisfy the requirement of compulsory school 
attendance, with a favorable report. 

On motion of Senator Harrington, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S. J. R. 297, a joint resolution authorizing the Legislative Research Commission to 
study the laws concerning pretrial release, with a favorable report. 

On motion of Senator Harrington, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S. J. R. 317, a joint resolution authorizing the Legislative Research Commission to 
study the feasibility of an inmate substance abuse therapy program, vdth a favorable 
report. 

On motion of Senator Harrington, the joint resolution is re-referred to the Appropria- 
tions Committee. 

S. B. 360, a bill to establish the North Carolina Council on the Holocaust, with a 
favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

S. B. 406, a bill to authorize a study by the Legislative Research Commission to 
determine the feasibility of estabUshing work release centers and to appropriate funds to 
hire special consultants to conduct the study, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

S. B. 425, a bill authorizing the Legislative Research Commission to study the Commu- 
nity Colleges System, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

H. J. R. 640, a joint resolution honoring the Golden Anniversary of the Blue Ridge 
Parkway and honoring the memory of Franklin D. Roosevelt, under whose administration 
the Parkway was estabUshed, vdth a favorable report. 

By Senator Jordan for the Manufacturing and Labor Committee: 

S. B. 171, a bill pertaining to salaries of deputy commissioners of the Industrial 
Commission, with an unfavorable report. 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 281, a bill to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate Hmits with the approval of the County Board of 
Commissioners, with a favorable report. 

H. B. 366, a bill to abolish the Office of Coroner in Greene County, with a favorable 
report. 

H. B. 477, a bill to repeal the permission for persons to engage in business as pawnbrok- 
ers in the unincorporated areas of Dare County, with a favorable report. 



May 7, 1985 



1985] SENATE JOURNAL 305 

H. B. 574, a bill to provide that District Court may sit in Havelock untilJune 30, 1986, 
with a favorable report. 

H. B. 598, a bill to provide for the use of all property tax collection methods in the 
collectiqn of special assessments in the Town of Mayodan, with a favorable report. 
On motion of Senator Ezzell, the bill is placed on the Calendar for Friday, May 10. 

H. B. 804, a bill to establish the boundary between the Alamance County and Burling- 
ton City School Administrative Units, with a favorable report. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 428, a joint resolution honoring the life and memory of Philip 0. Berry, a former 
member of the General Assembly. 
Referred to Rules and Operation of the Senate Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 590, a bill to clarify certain exemptions from licensing, to authorize the Real 
Estate Commission to increase certain fees, and to introduce a staggered renewal system 
for licensees. 

Referred to Judiciary I Committee. 

H. B. 609, a bill to revise fees and charges received by the Utilities Commission. 
Referred to Finance Committee. 

H. B. 663, a bill to amend G. S. 143B-153 to provide for adoption of rules by the Social 
Services Commission establishing standards for the inspection and licensing of domicil- 
iary homes. 

Referred to Human Resources Committee. 

H. B. 704, a bill to permit the drivers of antique cars not to display the current 
registration plate under certain circumstances. 
Referred to Transportation Committee. 

H. B. 708 (Committee Substitute), a bill to make clear when sentencing a person of 
impaired driving that a recent prior conviction of an offense involving impaired driving is 
an aggravating factor if it does not quaUfy as a grossly aggravating factor. 

Referred to Judiciary I Committee. 

S. B. 127, a bill to eliminate unneeded campaign finance reports, for concurrence in 
House Amendment No. 1, which is placed on the Calendar for Wednesday, May 8. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 242, a bill to require consent of the Cabarrus County Board of Commissioners 
before land in that County may be condemned or acquired by a unit of local government 
outside the county, upon third reading. 



May 7, 1985 



306 SENATE JOURNAL [Session 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 52 (Committee Substitute), a bill to allow the coordinator, under certain con- 
ditions, to extend the time within which community service for impaired driving con- 
victions must be completed. 

Senator Soles offers Amendment No. 1, which he subsequently withdraws. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 173, a bill to amend G. S. 54B-14 concerning examination of certificates of 
incorporation of savings and loan associations by the Secretary of State. 

Without objection. Senator Hunt of Durham is excused from voting for the stated 
reason: "Am a board member of a S & L association." 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 174, a bill to amend G. S. 54B-147 concerning the fee which may be charged for 
returned checks by savings and loan associations. 

Without objection, Senator Hunt of Durham is excused from voting for the stated 
reason: "Am a board member of a S & L association." 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 175, a bill to amend G. S. Chapter 115C to permit local school administrative units 
to deposit funds in savings and loan associations and to designate savings and loan 
associations as official depositories. 

Without objection. Senator Hunt of Durham is excused from voting for the stated 
reason: "Am a board member of a S & L association." 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 244, a bill to make the unlawful possession of hydromorphone, commonly known as 
Dilaudid, a Class I felony, upon third reading. 

Senator Taft offers Amendment No. 2. Following debate. Senator Taft offers a motion 
that the bill, with Amendment No. 2 pending, be taken from the Calendar for today and 
recommitted to the Judiciary II Committee, which motion fails to prevail (electronically 
recorded). 

Senator Martin of Guilford offers a motion that the bill, with Amendment No. 2 
pending, be removed from the Calendar for today and re-referred to the Human Re- 
sources Committee, which motion the Chair rules out of order. 

Senator Rauch offers a motion that the bill, with Amendment No. 2 pending, be taken 
from the Calendar for today and placed on the Calendar for Tuesday, May 14, for further 
consideration, which motion prevails. 

On motion of Senator Harrington, seconded by Senator Jordan, the Senate adjourns to 
meet tomorrow, Wednesday, May 8, at 1:30 P.M. 



May 7, 1985 



1985] SENATE JOURNAL 307 

SIXTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, May 8, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B, Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Joseph M. Taylor, Jr., Minister, First United 
Methodist Church, Reidsville, as follows: 

"Our Father, we come to this experience of prayer because we need close encounters of 
Your kind. As we encounter You, our thoughts turn to new directions. We experience 
greater commitment giving rise to new inspiration. 

"Let this brief moment be a period of power for each of us. Give us courage and wisdom 
to receive all of the benefits of Your grace. As a flower opens to the sun and receives the 
light and nourishment, so may we open to You and receive understanding and strength to 
serve in keeping with Your will and purpose. 

"In the Name of Jesus we pray that we may find this encounter. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to the members of the Judiciary IV Com- 
mittee, Senators Soles, Ballenger, Cobb, Goldston, Parnell, Rand, and Winner for today, 
who are participating in public hearings in Wilmington and Manteo on the submerged land 
bills, and to Senator Marvin for tomorrow, Thursday, May 9, and Friday, May 10. 

Senator Guy is noted present for today's Session. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Hipps for the Children and Youth Committee: 

S. B. 11, a bill to create a Division of Child Day Care within the Department of Human 
Resources, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Hipps, the rules are suspended and the Committee Substitute bill 
which changes the title to read, S. B. 11 (Committee Substitute), a bill to reorganize State 
child day care services, is placed before the Senate for immediate consideration. 

On motion of Senator Hipps, the Committee Sustitute bill is adopted, and on his further 
motion is placed on the Calendar for Tuesday, May 14. 

By Senator Harris for the Human Resources Committee: 

S. B. 333, a bill relating to the authority of the Governor's Advocacy Council for persons 
with disabilities in order to comply with changes in federal law, with a favorable report. 



May 8, 1985 



308 SENATE JOURNAL [Session 

H. B. 605, a bill to make changes in the scheduling of certain controlled substances, with 
a favorable report. 

S. B. 58, a bill to recodify the Mental Health, Mental Retardation, and Substance Abuse 
Laws of North Carolina, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Harris, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, May 15. 

By Senator Warren for the Transportation Committee: 

H. B, 81 (Committee Substitute), a bill to reenact the North Carolina child passenger 
restraint law, with a favorable report, as amended. 

By Senator Watt, Vice-Chairman for the Election Laws Committee: 

H. B. 495, a bill to repeal the limitation on media expenses in certain statewide races, 
which has been declared unconstitutional, with a favorable report. 

H. B. 71 (Committee Substitute), a bill to allow counties to issue voter registration 
cards, and set minimum standards for such cards, with a favorable report, as amended. 

H. B. 204, a bill to provide better notice to persons whose voter registration is being 
purged for failure to vote, v^dth a favorable report, as amended. 

By Senator Thomas of Henderson for the Finance Committee: 

S. B. 154, a bill to amend the Constitution to allow a county to exempt property held by a 
business as part of its inventory from property tax or reduce the amount of property tax, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Thomas of Henderson, the rules are suspended and the Com- 
mittee Substitute bill which changes the title to read, S. B. 154 (Committee Substitute), a 
bill to amend the Constitution to allow a county to exempt, in full or in part, inventories of 
manufacturers, wholesalers, and retailers from property taxes imposed by that county 
and the local governmental units located in the county, is placed before the Senate for 
immediate consideration. 

On motion of Senator Thomas of Henderson, the Committee Substitute bill is adopted, 
and on his further motion is placed on the Calendar for Tuesday, May 14. 

S. B. 361, a bill to clarify certain powers of a joint municipal electric power with respect 
to interest on bonds, vdth a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The follovdng bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Martin of Guilford: 

S. B. 481, a bill to provide a refundable income tax credit to low-income individuals for 
sales and use taxes paid by them on food, to exempt food purchased with food stamps from 
sales tax, to reimburse counties and cities for lost sales tax revenue on exempt food, and to 



May 8, 1985 



1985] SENATE JOURNAL 309 

establish progressive corporate income tax rates. 
Referred to Finance Committee. 

By Senators Taft, Basnight, and Martin of Pitt: 

S. B. 482, a bill to appropriate funds for the restoration of the Grifton Depot. 
Referred to Appropriations Committee. 

By Senators Taft, Basnight, and Martin of Pitt: 

S. B. 483, a bill to appropriate funds for the construction of a farmers market in Pitt 
County. 
Referred to Appropriations Committee. 

By Senators Simpson and Kincaid: 

S. B. 484, a bill regarding the closing of schools due to hazardous weather conditions, 
natural disaster, or other emergency. 
Referred to Education Committee. 

By Senator Barnes: 

S. B. 485, a bill to provide that a recorded instrument that corrects an error made in the 
instrument as originally recorded is vaild if the correction in the new instrument is signed 
or initialed by the parties to the instrument. 

Referred to Judiciary I Committee. 

By Senator Harrington: 

S. B. 486, a bill to appropriate funds for solar peanut drying research. 
Referred to Appropriations Committee. 

By Senators Parnell, Basnight, McDuffie, Plyler, Soles, Taft, Thomas of Craven, and 
Warren: 

S. B. 487, a bill to appropriate funds for grain storage research stations. 
Referred to Appropriations Committee. 

By Senators Plyler, Barnes, Hardison, McDuffie, Parnell, Rand, Royall, Shaw, Smith, 
Soles, Staton, Taft, Thomas of Craven, and Thomas of Henderson: 

S. B. 488, a bill to provide equitable sales tax treatment for livestock and poultry 
structures. 
Referred to Finance Committee. 

By Senators Plyler, Rand, Staton, and Thomas of Henderson: 

S. B. 489, a bill to appropriate funds to the Department of Administration to complete 
land acquisitions in the State Government Center and for the acquisition of land adjacent 
to the Revenue Building outside the State Government Center. 

Referred to Appropriations Committee. 

By Senators Plyler, Barnes, Basnight, McDuffie, Parnell, Rand, Shaw, Soles, Staton, 
Taft, Thomas of Craven, and Thomas of Henderson: 

S. B. 490, a bill to appropriate funds for poultry research. 
Referred to Appropriations Committee. 



May 8, 1985 



310 SENATE JOURNAL [Session 

By Senators Marvin, Basnight, Rand, Swain, Tally, and Walker: 

S. B. 491, a bill to ensure that exceptional children receive the benefit of categorical 
education appropriations intended for the use of all children. 
Referred to Education Committee. 

By Senator Taft: 

S. B. 492, a bill to appropriate funds for the Washington-Beaufort County Civic Center. 
Referred to Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S. B. 493, a bill to appropriate funds for the East Carolina Summer Theater. 
Referred to Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S. B. 494, a bill to appropriate funds to the Pitt County Historical Society for a 
countywide architectural survey of buildings of historical value. 
Referred to Appropriations Committee. 

By Senators Swain, Basnight, Hipps, Plyler, Watt, and Winner: 

S. B. 495, a bill to transfer the community service alternative punishment and restitu- 
tion, deferred prosecution, and volunteer programs to the Administrative Office of the 
Courts. 

Referred to Judiciary III Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 60 (House Committee Substitute), a bill to amend the statutes relating to 
discipline and disbarment of attorneys at law, for concurrence in the House Committee 
Substitute bill which is placed on the Calendar for tomorrow. May 9. 

H. B. 476 (Committee Substitute), a bill to abolish the Marine Resources Center 
Administrative Board, to reorganize the Marine Science Council, and to estabUsh an 
Office of Marine Affairs. 

Referred to State Government Committee. 

H. B. 515, a bill to amend Chapter 35 and Chapter 108A regarding the appointment of 
disinterested pubUc agents and others as guardians. 
Referred to Judiciary III Committee. 

H. B. 638 (Committee Substitute), a bill to require prompt investigation of a report of 
juvenile abuse or neglect. 

Referred to Children and Youth Committee. 

H. B. 756, a bill to make it clear that a second notice to creditors need not be published if 
a prior notice has been pubhshed by a collector or personal representative as recom- 
mended by the General Statutes Commission. 

Referred to Judiciary III Committee. 



May 8, 1985 



1985] SENATE JOURNAL 311 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 477, a bill to repeal the permission for persons to engage in business as pawnbrok- 
ers in the unincorporated areas of Dare County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Ezzell, Guy, Hardison, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Plyler, 
Price, Ranch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, Warren, Watt, Woodard, and Wright— 39. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

S. B. 281, a bill to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate Umits with the approval of the County Board of 
Commissioners. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 366, a bill to abolish the Office of Coroner in Greene County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 574, a bill to provide that District Court may sit in Havelock until June 30, 1986. 
On motion of Senator Barnes, the bill is re-referred to the Judiciary I Committee. 

H. B. 804, a bill to establish the boundary between the Alamance County and Burhng- 
ton City School Administrative Units. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. J. R. 640, a joint resolution honoring the Golden Anniversary of the Blue Ridge 
Parkway and honoring the memory of Frankhn D. Roosevelt, under whose administration 
the Parkway was estabhshed. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

S. B. 127, a bill to eliminate unneeded campaign finance reports, for concurrence in 
House Amendment No. 1. 

On motion of Senator Kaplan, the Senate concurs in House Amendment No. 1 (electron- 
ically recorded) and the bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Guy, the Senate adjourns to 
meet tomorrow, Thursday, May 9, at 1:30 P.M. 



May 8, 1985 



312 SENATE JOURNAL [Session 

SIXTY-EIGHTH DAY 

Senate Chamber, 
'- Thursday, May 9, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Frank N. Bowers, Pastor, Parkton Baptist Church, 
Parkton, as follows: 

"Dear God, we thank You for being approachable; yes, even wanting us to talk with 
You. We thank You here, that You are here with us when we call upon You; that you even 
hurt when we do not call upon You but move out in our own thinking. 

"We now pray for this session of our State Senate. May the members seek until they find 
the right and best answers to their fellow Christian citizens' needs. Then we pray for 
courage to follow through until the best solution is completed. 

"We pray for all North CaroUnians. May we work together for the good of all others and 
be in peace with You and Your purpose for our creation. We make the same prayer for the 
North Carolina House of Representatives, We extend our concern to our National 
Congress and to other nations and to other governments of the world. May we all do unto 
others as we would like for them to do unto us, and thus pleasing our Creator with love and 
peace on earth. Amen" 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Goldston and Warren for today; to 
Senator Hunt of Moore for today and for tomorrow, Friday, May 10, and to Senator 
Kincaid for tomorrow, Friday, May 10. 

A leave of absence granted previously to Senator Marvin is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 127, an act to ehminate unneeded campaign finance reports. (Ch. 164) 

H. B. 366, an act to abohsh the Office of Coroner in Greene County. (Ch. 165) 

H. B. 804, an act to establish the boundary between the Alamance County and 
Burlington City School Administrative Units. (Ch. 166) 

H. J. R. 640, a joint resolution honoring the Golden Anniversary of the Blue Ridge 
Parkway and honoring the memory of Franklin D. Roosevelt, under whose administration 
the Parkway was established. (Res. 9) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 



May 9, 1985 



1985] SENATE JOURNAL 313 

together with the reports accompanying them asnd take their place on the Calendar as 
follows: 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

H. B. 335 (Committee Substitute), a bill to prohibit trapping at certain times in Dare 
County, with a favorable report. 

H. B. 393, a bill to permit the taking of foxes in Avery County, with a favorable report. 
On motion of Senator Tally, the bill is placed on the Calendar for Monday, May 13. 

H. B. 600 (Committee Substitute), a bill to provide for the taking of foxes in Rocking- 
ham County during short open season, with a favorable report. 

H. B. 647, a bill to authorize Wayne County to pay bounties on beavers, with a favorable 
report, as amended. 

By Senator Jordan for the Manufacturing and Labor Committee: 

S. B. 349, a bill to permit certain municipalities to exclude only volunteer firemen from 
OSHA coverage, with a favorable report. 

H. B. 483, a bill to assure compliance of the North Carolina Employment Security Law 
with federal law, with a favorable report, as amended. 

S. B. 170, a bill to amend Chapter 97 of the General Statutes pertaining to salaries of 
commissioners, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Jordan, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 170, a bill to create a commission to study the 
salaries paid the members of the North Carolina Industrial Commission and the Deputy 
Commissioners of the North Carolina Industrial Commission, is placed before the Senate 
for immediate consideration. 

On motion of Senator Jordan, the Committee Substitute bill is adopted and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Swain for the Judiciary III Committee: 

S. B. 436, a bill that notification of a minor's parents by law enforcement officers is not 
required when a minor is charged with committing violations of wildlife statutes or 
regulations punishable by fines of less than fifty dollars or imprisonment not to exceed 
thirty days, with a favorable report. 

On motion of Senator Swain, the bill is placed on the Calendar for Tuesday, May 14. 

S. B. 445, a bill to make the issuance of worthless checks in certain amounts a felony, 
with a favorable report. 

S. B. 457, a bill to provide that the killing of a security guard, company poUce officer, 
railroad poUce officer, or private investigator is an aggravating circumstance for con- 
sideration by the jury at the sentencing hearing of the first degree murder trial, with a 
favorable report. 

H. B. 649, a bill making it a general misdemeanor to sell or give to a minor a shurikin, 
commonly known as a star, with a favorable report. 



May 9, 1985 



314 SENATE JOURNAL [Session 

S. B. 393, a bill to clarify the jurisdiction of grand juries, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted and on his further 
motion is placed on the Calendar for Tuesday, May 14. 

By Senator Staton for the Judiciary II Committee: 

S. B. 455, a bill to authorize federal judges and magistrates to perform the marriage 
ceremony, with a favorable report. 
On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, May 14. 

H. B. 754, a bill to amend G. S. 20-7. 2(b) relating to compliance with 90-day failures, 
with a favorable report, as amended. 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 275, a joint resolution honoring the life and memory of Charles Brantley Aycock 
Brown-"Mr. Outer Banks," with a favorable report. 

On motion of Senator Harrington, the joint resolution is placed on the Calendar for 
tomorrow. May 10, as Special Order of Business No. 1. 

By Senator Barnes for the Judiciary I Committee: 

H. B. 253 (Committee Substitute), a bill to make technical changes in the law regarding 
the correctional system, with an unfavorable report as to Committee Substitute bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, May 13. 

S. B. 468, a bill to provide that expenses for a wrongful death action may be advanced 
from the decedent's estate, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson of Cabarrus: 

S. B. 496, a bill to prohibit the operation of a motor vehicle with the view outward or 
inward through the windshield or windows obscured. 
Referred to Transportation Committee. 

By Senators Guy, Barnes, Basnight, Conder, Ezzell, Goldston, Hardison, Harrington, 
Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, McDuffie, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Sawyer, Shaw, Somers, Thomas of Henderson, Walker, Warren, Winner, and 
Wright: 



May 9, 1985 



1985] SENATE JOURNAL 315 

S. B. 497, a bill to appropriate funds for crops research. 
Referred to Appropriations Committee. 

By Senators Basnight, Barnes, Conder, Goldston, Guy, Harrington, Hunt of Durham, 
Jordan, Martin of Pitt, Martin of Guilford, Marvin, Parnell, Plyler, Price, Rand, Royall, 
Shaw, Smith, Soles, Speed, Swain, Taft, Thomas of Craven, Thomas of Henderson, 
Ward, and Warren: 

S. B. 498, a bill to appropriate funds for swine research at Tidewater Research Station. 
Referred to Appropriations Committee. 

By Senators Ward and Kaplan: 

S. B. 499, a bill to appropriate funds for the support of the North Carolina Dance 
Theater. 

Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 500, a bill to amend the law regarding the retirement credit for temporary State 
employment in the Teachers' and State Employees' Retirement System. 
Referred to Pensions and Retirement Committee. 

By Senators Speed and Taft: 

S. B. 501, a bill to appropriate funds for Oxford Tobacco Research Station im- 
provements. 

Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 502, a bill to provide for an assessment for promotional purposes on all eggs 
produced or sold in North Carohna. 
Referred to Agriculture Committee. 

By Senator Jordan: 

S. B. 503, a bill to limit the State subsidy of the University of North Carolina out-of- 
state tuition. 
Referred to Higher Education Committee. 

By Senator Jordan: 

S. B. 504, a bill to restrict drivers under the age of seventeen to driving during daylight 
hours only unless driving to and from work or school. 
Referred to Transportation Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 505, a bill to appropriate funds to restore the Depot in Angier. 
Referred to Appropriations Committee. 

By Senators Sawyer, Johnson of Cabarrus, and Somers: 

S. B. 506, a bill to prohibit the use of spousal testimony in the prosecution of certain 



May 9, 1985 



316 SENATE JOURNAL [Session 

crimes based on that testimony. 

Referred to Judiciary I Committee. 

By Senator Hardison: 

S. B. 507, a bill to prohibit obtaining housing assistance by misrepresentation. 
Referred to Judiciary III Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 203, a bill to authorize local health directors to enter contracts, for concurrence in 
House Amendment No. 1, which is placed on the Calendar for tomorrow, May 10. 

H. B. 121 (Committee Substitute), a bill to prohibit chiropractors from collecting fees in 
connection with free services. 
Referred to Human Resources Committee. 

H. B. 195 (Committee Substitute), a bill to provide for the sale of clean detergents in 
North Carolina. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 491, a bill to clarify reasonable support from a parent entity to a political action 
committee. 
Referred to Election Laws Committee. 

H. B. 614, a bill to increase certain fees charged by the Board of Medical Examiners. 
Referred to Finance Committee. 

H. B. 752 (Committee Substitute), a bill authorizing tour boats to hold ABC permits. 
Referred to State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 477, a bill to repeal the permission for persons to engage in business as pawnbrok- 
ers in the unincorporated areas of Dare County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Conder, Ezzell, Guy, 
Hardison, Harrington, Harris, Hipps, Johnson of Cabarrus, Johnson of Wake, Jordan, 
Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, McDuffie, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Winner, Woodard, and Wright — 43. 

Voting in the negative: Senator Cobb — 1. 

The bill is ordered enrolled. 

H. B. 71 (Committee Substitute), a bill to allow counties to issue voter registration 
cards, and set minimum standards for such cards. 

On motion of Senator Kaplan, consideration of the Committee Substitute bill is post- 
poned until Tuesday, May 14. 



May 9, 1985 



1985] SENATE JOURNAL 317 

H. B. 204, a bill to provide better notice to persons whose voter registration is being 
purged for failure to vote. 

On motion of Senator Kaplan, consideration of the bill is postponed until Tuesday, 
May 14. 

H. B. 495, a bill to repeal the limitation on media expenses in certain statewide races, 
which has been declared unconstitutional. 

On motion of Senator Kaplan, consideration of the bill is postponed until Tuesday, 
May 14. 

H. B. 81 (Committee Substitute), a bill to reenact the North Carolina child passenger 
restraint law. 

On motion of Senator Barnes, consideration of the Committee Substitute bill is post- 
poned until Wednesday, May 15. 

S. B. 361, a bill to clarify certain powers of a joint municipal electric power with respect 
to interest on bonds, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Ezzell, 
Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, McDuffie, 
Parnell, Plyler, Price, Rand, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, 
Soles, Somers, Speed, Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Hender- 
son, Walker, Ward, Winner, Woodard, and Wright — 45. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for further consideration upon third 
reading. 

S. B. 288 (Committee Substitute); a bill to estabHsh clearer and stronger standards for 
agreements between domestic insurers and reinsurers. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 289 (Committee Substitute), a bill to provide for the integrity of domestic 
insurance company assets for the protection of policyholders. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 333, a bill relating to the authority of the Governor's Advocacy Council for persons 
with disabilities in order to comply with changes in federal law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

H. B. 605, a bill to make changes in the scheduling of certain controlled substances. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 60 (House Committee Substitute), a bill to amend the statutes relating to 
discipline and disbarment of attorneys at law, for concurrence in House Committee 
Substitute bill. 



May 9, 1985 



318 SENATE JOURNAL [Session 

On motion of Senator Staton, the Senate concurs in the House Committee Substitute 
bill, and the bill is ordered enrolled. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 87 House of Representatives 

(Committee Substitute) ." May 9, 1985 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that the 
House fails to concur in the Senate amendment to Committee Substitute H. B. NO, 87, A 
BILL TO BE ENTITLED AN ACT TO CLARIFY THE LAW AGAINST CARRYING 
CONCEALED WEAPONS, and request conferees. The Speaker has appointed Repre- 
sentatives Joe Hackney (Chairman), Daniel DeVane, and Dennis Wicker on the part of the 
House to confer with a Hke committee appointed by the Senate to the end that the 
differences arising may be adjusted. 

Respectfully, 

S/ Grace Collins 

Principal Clerk 

Senator Winner moves that the President appoint conferees, which motion prevails. 
The President appoints Senators Swain, Winner, and Barnes as conferees on the part of 
the Senate to resolve the differences arising between the two Bodies, and a message is 
ordered sent to the House of Representatives informing that Honorable Body of such 
action. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing bills and resolutions pre- 
viously introduced: 

By Senator Taft: 

S. B. 486, a bill to appropriate funds for solar peanut drying research. 

S. B. 491, a bill to ensure that exceptional children receive the benefit of categorical 
education appropriations intended for the use of all children. 

On motion of Senator Harrington, seconded by Senator Jordan, the Senate adjourns to 
meet tomorrow, Friday, May 10, at 10:00 A.M. 



SIXTY-NINTH DAY 



Senate Chamber, 
Friday, May 10, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 



May 10, 1985 



1985] SENATE JOURNAL 319 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the Family, we thank Thee for the love and support which we have received 
from our families; and we pray that we may ever be sensitive to the needs of our spouse 
and children — as they are to ours. And confronted with the pressures and stress of public 
office, deliver us from bickering with one another, and empower us to always love and 
affirm one another. 

"As we approach this Mother's Day weekend, we give Thee a special thanks for our 
mothers. For their love, for their gentleness, for their guidance in the formative years of 
our lives, and for their continued encouragement to us in our adult years — we give Thee 
thanks, Lord. 

"And remembering those mothers and grandmothers who have gone to their eternal 
reward, we pause to thank Thee for their positive influence in our lives and for the 
memories which fill our minds and sometimes overflow our eyes in tears of thanksgiving. 

"Help us, God, to always hve lives that will bring honor to our mothers; and help us to 
enact legislation which will be to the best interest of young mothers, middle-aged working 
mothers, and aging grandmothers — for then we will know that we are passing laws which 
will benefit all the citizens of our State. 

"All this we ask in the Name of the All Powerful God, Who has loved us with the love and 
tenderness with which a mother loves her children. Amen," 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator McDuffie for today. Leaves of 
absence granted previously to Senators Hunt of Moore, Kincaid, Marvin, and Warren are 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 60 (House Committee Substitute), an act to amend the statutes relating to 
discipline and disbarment of attorneys at law, (Ch. 167) 

S. B. 222, an act to repeal the certification requirement for laboratories performing 
syphilis serologies. (Ch. 168) 

S. B. 245, an act concerning duties of the Durham City Inspection Department. 
(Ch. 169) 

S. B. 352, an act to expand the Catawba County Board of Education from five to seven 
members. (Ch. 170) 

H. B. 477, an act to repeal the permission for persons to engage in business as 
pawnbrokers in the unincorporated areas of Dare County. (Ch. 171) 



May 10, 1985 



320 SENATE JOURNAL [Session 

H. B. 605, an act to make changes in the scheduling of certain controlled substances. 
(Ch. 172) 

H. B. 72 (Senate Committee Substitute), an act to clarify that the legislative review of 
proposals to Ucense nev^ occupations and professions includes commissions. (Ch. 173) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Redman and Ballenger: 

S. B. 508, a bill to appropriate funds for a new mid-level adult development activities 
program. 

Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 509, a bill to allow cumulative voting to elect corporate directors if there is a 
stockholder who owns or controls more than one fifth rather than one fourth of the voting 
stock. 

Referred to Judiciary III Committee. 

By Senator Hardison: 

S. B. 510, a bill to appropriate funds to modify the pay scale for driver's Hcense hearing 
officers. 
Referred to Appropriations Committee. 

By Senator Taft: 

S. B. 511, a bill to appropriate funds for aflatoxin and butterfat testing. 
Referred to Appropriations Committee. 

By Senators Rauch and Smith: 

S. B. 512, a bill to allow a personal income tax exemption for multiple sclerosis. 
Referred to Finance Committee. 

By Senator Jordan: 

S. B. 513, a bill to restrict the availability of compensatory leave for State employees. 
Referred to State Government Committee. 

By Senator Jordan: 

S. B. 514, a bill authorizing the Legislative Research Commission to study the salaries 
and fringe benefits of State employees to determine whether they are comparable to 
salaries and fringe benefits in the private sector. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Conder, Guy, Harrington, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Rand, Royall, Soles, Staton, Thomas of Henderson, Warren, 
Watt, and Woodard: 



May 10, 1985 



1985] SENATE JOURNAL 321 

S. B. 515, a bill to provide assistance dogs for the handicapped. 
Referred to Human Resources Committee. 

By Senators Tally and Rand: 

S. B. 516, a bill to appropriate funds for a central cultural arts facility in downtown 
Fayetteville. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt, Basnight, Hunt of Durham, and Smith: 

S. B. 517, a bill to provide for distribution to local governmental units of interest and 
other investment income earned on local sales and use taxes collected by the State. 
Referred to Finance Committee. 

By Senators Sawyer, Ballenger, Kincaid, Redman, Shaw, Smith, Somers, and Wright: 

S. B. 518, a bill to encourage the assignment of students to neighborhood schools. 
Referred to Education Committee. 

By Senators Swain and Winner: 

S. B. 519, a bill to appropriate funds for capital expenditures at Asheville-Buncombe 
Technical College. 

Referred to Appropriations Committee. 

By Senators Royall, Hunt of Durham, Johnson of Wake, Staton, Walker, and Woodard: 

S. B. 520, a bill to authorize counties to estabhsh research and production service 
districts. 
Referred to State Government Committee. 

By Senator Staton: 

S. B. 521, a bill to provide for the simultaneous foreclosure of two or more deeds of trust 
secured by the same property. 
Referred to Judiciary H Committee. 

By Senator Jordan: 

S. B. 522, a bill authorizing the Legislative Research Commission to study the feasibil- 
ity of redistricting the Senate in 1990 so as to have single-member districts. 
Referred to Election Laws Committee. 

By Senator Jordan: 

S. B. 523, a bill to provide that elections shall normally be held in May or November so 
as to reduce the cost and frequency of special elections. 
Referred to Election Laws Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 524, a bill to appropriate funds for the North Carolina International Folk Festival. 
Referred to Appropriations Committee. 



May 10, 1985 



322 SENATE JOURNAL [Session 

By Senators Thomas of Henderson and Hipps: 

S. B. 525, a bill to appropriate funds for the Henderson Apple Festival. 
Referred to Appropriations Committee. 

By Senators Guy, Harrington, Parnell, and Thomas of Henderson: 

S. B. 526, a bill to allow the next-of-kin to have a representative present at the 
performance of an autopsy. 
Referred to Human Resources Committee. 

By Senators Martin of Guilford and Harris: ■ 

S. B. 527, a bill to improve the safety and quality of life for patients at the four area 
psychiatric hospitals. 

Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 528, a bill to appropriate funds for capital expenditures at Lenior Community 
College. 
Referred to Appropriations Committee. 

By Senator Hardison: 

S. B. 529, a bill to appropriate funds for a public auditorium in Jones County. 
Referred to Appropriations Committee. 

By Senators Hardison and Smith: 

S. B. 530, a bill to require each area Health Education Center to have at least one 
pharmacist on its Board of Directors. 
Referred to Human Resources Committee. 

By Senator Hardison: 

S. B. 531, a bill to appropriate funds for capital expenditures at James Sprunt Technical 
College. 
Referred to Appropriations Committee. 

By Senators Royall, Basnight, Guy, Johnson of Wake, Martin of Guilford, Marvin, and 
Rand: 

S. B. 532, a bill to establish a State lottery after a binding referendum. 
Referred to Ways and Means Committee. 

By Senator Royall: 

Si B. 533, a bill to provide unreduced service retirement benefits whenever age and 
years of service total eighty-five in the Teachers' and State Employees' Retirement 
System. 

Referred to Pensions and Retirement Committee. 

By Senators Royall, Harrington, Hipps, Marvin, Walker, and Ward: 

S. B. 534, a bill to appropriate funds for an alcohol and drug defense program for the 
public schools. 



May 10, 1985 



1985] SENATE JOURNAL 323 

Referred to Education Committee. 

By Senators Royall, Harrington, Hipps, Marvin, Walker, and Ward: 

S. B. 535, a bill to appropriate funds for training events and grants to local schools for 
the alcohol and drug defense program. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 432, a bill to regulate hunting on the land of another in Hyde County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 464, bill to provide for the establishment of the Pilot Mountain Civic and 
Recreation Center Authority. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 484, a bill to permit the City of Mount Airy to dispose of certain real property by 
private negotiation and sale. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 553, a bill to amend mandatory referral legislation applicable to special use 
permits in Mecklenburg County. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 594, a bill to change the manner of election of the Onslow County Board of 
Education. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 607, a bill to provide that when the General Assembly provides for the incorpora- 
tion of a municipality and the simultaneous dissolution of a sanitary district contained 
within its borders, no referendum need be held. 

Referred to Judiciary HI Committee. 

H. B. 642, a bill to authorize the Town of Pilot Mountain to undertake recreation 
programs by contract. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 765, a bill to permit the widows of ex-prisoners of war to retain the distinctive 
registration plate under certain conditions. 
Referred to Transportation Committee. 

H. B. 769, a bill to modify the procedure for the delivery of temporary registration 
certificates for motor vehicles. 
Referred to Transportation Committee. 

H. B. 823, a bill to provide that pubhc hospitals need not post bond on appeal. 
Referred to Judiciary HI Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



May 10, 1985 



324 SENATE JOURNAL [Session 

SPECIAL ORDER NO. 1 

S. J. R. 275 (Committee Substitute) 

The hour having arrived for the consideration of Special Order No. 1, the President of 
the Senate lays before the Senate Special Order No. 1, it being S. J. R. 275, a 
joint resolution honoring the life and memory of Charles Brantley Ay cock Brown — 
"Mr. Outer Banks." 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H. B. 598, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Mayodan, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Jordan, Kaplan, Martin of Guilford, Martin of Pitt, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Thomas of Craven, Thomas of Henderson, Walker, Ward, Watt, Winner, Woodard, and 
Wright^-41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 335 (Committee Substitute), a bill to prohibit trapping at certain times in Dare 
County. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 600 (Committee Substitute), a bill to provide for the taking of foxes in Rocking- 
ham County during short open season. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 647, a bill to authorize Wayne County to pay bounties on beavers. 

On motion of Senator Barnes, the bill is re-referred to the Judiciary I Committee. 

S. B. 361, a bill to clarify certain powers of a joint municipal electric power with respect 
to interest on bonds, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Ezzell, Goldston, 
Guy, Hardison, Harris, Hipps, Hunt of Durham, Johnson of Cabarrus, Johnson of Wake, 
Jordan, Kaplan, Martin of Guilford, Martin of Pitt, Parnell, Plyler, Price, Rand, Redman, 
Royall, Sawyer, Shaw, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Thomas of 
Craven, Thomas of Henderson, Walker, Ward, Watt, and Woodard — 38. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representatives. 

S. B. 349, a bill to permit certain municipalities to exclude only volunteer firemen from 
OSHA coverage. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 



May 10, 1985 



1985] SENATE JOURNAL 325 

S. B. 445, a bill to make the issuance of worthless checks in certain amounts a felony. 
The bill passes its second reading (electronically recorded). 

On objection of Senator Sawyer to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 457, a bill to provide that the killing of a security guard, company police officer, 
railroad police officer, or private investigator is an aggravating circumstance for con- 
sideration by the jury at the sentencing hearing of the first degree murder trial. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Hipps to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 468, a bill to provide that expenses for a wrongful death action may be advanced 
from the decedent's estate. 

On motion of Senator Barnes, consideration of the bill is postponed until Wednesday, 
May 15. 

H. B. 483, a bill to assure comphance of the North Carolina Employment Security Law 
with federal law. 

On motion of Senator Jordan, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Martin of Guilford objects to the third reading of the bill, as amended, which 
objection he subsequently withdraws. 

The bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

H. B. 649, a bill making it a general misdemeanor to sell or give to a minor a shurikin, 
commonly known as a star. 

Senator Redman offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 754, a bill to amend G. S. 20-7. 2(b) relating to compliance with 90-day failures. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

Senator Watt objects to the third reading of the bill, as amended, which objection he 
subsequently withdraws. 

The bill, as amended, passes its third reading and is ordered sent to the House of 
Representatives for concurrence in Senate Amendment No. 1. 

S. B. 203, a bill to authorize local health directors to enter contracts. 
On motion of Senator Harris, the Senate concurs in House Amendment No. 1 (electroni- 
cally recorded), and the bill is ordered enrolled. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Winner for the Education Committee: 



May 10, 1985 



326 SENATE JOURNAL [Session 

H. B. 505, a bill to amend the school budget and fiscal control act concerning approval of 
expenditures some or all of which are to be paid in ensuing fiscal years, with a favorable 
report, as amended. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate adjourns to 
meet Monday, May 13, at 8:00 P.M. 



SEVENTIETH DAY 



Senate Chamber, 
Monday, May 13, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Reverend Everett France, Associate Minister, First United 
Methodist Church, Cary, as follows: 

"0 God, Who the families of mankind know by so many different names, we beseech You 
to be present in the deliberation of this great Body. Allow the collective works of its 
individual members to be such that it will exemplify the best in human kind. Fill each 
member with the conviction of true representation, the courage to act in good faith, and 
the compassion that seeks reconciliation where there is strife. And lastly, God, let there 
be in the hearts and minds of each one here a dedication to a sense of urgency in the 
fulfillment of the many tasks at hand. In Your glorious Name we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Royall for today through Friday, 
May 17. A continuing leave of absence is granted to Senator Johnson of Cabarrus due to 
hospitaUzation. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 149, an act to allow a personal income tax exemption for certain types of spina 
bifida. (Ch. 174) 

S. B. 203, an act to authorize local health directors to enter contracts. (Ch. 175) 

S. B. 315, an act to establish the boundary line between the Town of Landis and the City 
of KannapoUs. (Ch. 176) 

S. B. 316, an act to clarify the law relating to acquisition by the City of Monroe of street 
right-of-way outside the corporate limits. (Ch. 177) 

H. B. 335 (Committee Substitute), an act to prohibit trapping at certain times in Dare 
County. (Ch. 178) 



May 13, 1985 



1985] SENATE JOURNAL 327 

H. B. 600 (Committee Substitute), an act to provide for the taking of foxes in Rocking- 
ham County during short open season. (Ch. 179) 

S.J. R. 275, ajointresolutionhonoringthelifeandmemory of Charles Brantley Aycock 
Brown — "Mr. Outer Banks." (Res. 10) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: 

S. B. 536, a bill to allow on-premise sales of beer at mini-breweries. 
Referred to State Government Committee. 

By Senators Staton, Hunt of Moore, Smith, Speed, and Woodard: 

S. B. 537, a bill to expand the sales tax exemption for farm products to include all farm 
products sold by the producer of the products, regardless whether the producer is also a 
retail dealer. 

Referred to Finance Committee. 

By Senators Rauch, Harris, and Price: 

S. B. 538, a bill to clarify Chapter 97 of the General Statutes with respect to apportion- 
ment in workers' compensation cases. 

Referred to Manufacturing and Labor Committee. 

By Senators Conder and Plyler; 

S. B. 539, a bill to appropriate funds to construct a learning resource center at 
Richmond Technical College. 
Referred to Appropriations Committee. 

By Senators Rand, Plyler, and Royall: 

S. B. 540, a bill to make clarifying amendments to the essential property insurance for 
beach area property act. 

Referred to Insurance Committee. 

By Senators Royall, Basnight, Conder, Goldston, Guy, Hardison, Harrington, Hipps, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Pitt, Parnell, Plyler, Rand, 
Soles, Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Watt, and 
Woodard: 

S. B. 541, a bill to authorize the Legislative Research Commission to study the 
infrastructure needs of the State. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Thomas of Craven: 

S. B. 542, a bill to appropriate funds for capital expenditures at Craven Community 
College. 
Referred to Appropriations Committee. 



May 13, 1985 



328 SENATE JOURNAL [Session 

By Senator Jordan: 

S. B. 543 a bill to provide for voluntary family planning. 
Referred to Human Resources Committee. 

By Senator Jordan: 

S. B. 544, a bill regarding limitations and disclosure of political campaign contributions. 
Referred to Election Laws Committee. 

By Senators Johnson of Wake, Hunt of Moore, Speed, Staton, and Woodard: 

S. B. 545, a bill to reinstate full funding for merit increments for State employees. 
Referred to Appropriations Committee. 

By Senators Winner and Swain: 

S. B. 546, a bill to provide that sales territories designated by an agreement between a 
wholesaler and a winery are exclusive. 
Referred to Judiciary IV Committee. 

By Senator Swain: 



S. B. 547, a bill to discontinue the insurance requirement for licensees of the Private 
Protective Services Board due to the creation of the Private Protective Services Recov- 
ery Fund. ! 

Referred to Judiciary HI Committee. ' \ 

By Senator Swain: 

S. B. 548, a bill to incorporate technical amendments into the Private Protective | 

Services Act. > 

Referred to Judiciary HI Committee. 

By Senator Thomas of Craven: - 

S. B. 549, a bill to provide that the Morehead City Navigation and Pilotage Commission 
may regulate the piloting of shipping from Morehead City to Aurora. 

Referred to State Government Committee. I 

By Senator Thomas of Craven: 

S. B. 550, a bill to appropriate funds for the Craven Arts Council and Gallery. 
Referred to Appropriations Committee. 

By Senators Sawyer and Shaw: 

S. B. 551, a bill to amend Section 11, Article IV of the North Carolina Constitution to 
abolish the practice of rotation of superior court judges. 
Referred to Judiciary I Committee. 

By Senator Jordan: . 

S. B. 552, a bill to amend the North Carolina Constitution to limit the annual increase in 
the number of State employees. 

Referred to Judiciary II Committee. 



May 13, 1985 



1985] SENATE JOURNAL 329 

By Senators Jordan and Smith: 

S. B. 553, a bill to provide an additional personal income tax exemption for individuals 
who are at least seventy years old and whose net income does not exceed twenty thousand 
dollars. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 173 (Committee Substitute), a bill to redistrict the Board of Commissioners of 
Mitchell County. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 480, a bill to amend the Charter of the City of Wilson to include within the 
boundaries of the City of Wilson an area known as Newton Park. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 502, a bill to revise and consolidate the Charter of the Town of Montreat. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 544, a bill to permit the taking of foxes in Moore County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 611, a bill to prohibit discrimination in the business of life and accident and health 
insurance and annuities against persons who are blind or partially blind or deaf or partially 
deaf. 

Referred to Insurance Committee. 

H. B. 618, a bill to include the corporate limits of the Town of Indian Beach within the 
Salter Path Rural Fire Protection District, and to allow that Town to remove itself from 
the District at a future time. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 626 (Committee Substitute), a bill concerning distribution of profits from the 
Walnut Cove ABC System. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 630, a bill to permit electrofishing for catfish in a portion of the Cape Fear River in 
Bladen County. 
Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 673, a bill to allow the City of Wilson to charge an acreage charge for water and 
sewer and have that charge relate to diminishing capacity of water and sewer facilities. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 676, a bill to transfer the powers, duties and functions of the Roanoke Voyages 
Corridor Commission to the Roanoke Voyages and EHzabeth II Commission, and to 
aboUsh the Corridor Commission. 

Referred to Rules and Operation of the Senate Committee. 



May 13, 1985 



330 SENATE JOURNAL [Session 

H. B. 784, a bill to clarify that an emancipated minor may marry without the written 
consent of a parent or guardian as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 598, a bill to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Mayodan, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Basnight, Cobb, Conder, Ezzell, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rand, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Somers, Speed, Swain, Taft, 
Tally, Thomas of Craven, Walker, Ward, Warren, Watt, Winner, and Wright — 41. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H. B. 393, a bill to permit the taking of foxes in Avery County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 505, a bill to amend the school budget and fiscal control act concerning approval of 
expenditures some or all of which are to be paid in ensuing fiscal years. 

On motion of Senator Simpson, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 253 (Senate Committee Substitute), a bill to make technical changes in the law 
regarding the correctional system. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

S. B. 445, a bill to make the issuance of worthless checks in certain amounts a felony, 
upon third reading. 

Senator Martin of Guilford offers Amendment No. 1. 

On motion of Senator Thomas of Henderson, consideration of the bill, with Amendment 
No. 1 pending, is postponed until Tuesday, May 14. 

S. B. 457, a bill to provide that the killing of a security guard, company police officer, 
railroad poUce officer, or private investigator is an aggravating circumstance for con- 
sideration by the jury at the sentencing hearing of the first degree murder trial, upon 
third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

The President recognizes the following pages serving in the Senate this week: Tobie 
Bellamy, Wilson; Elizabeth Bennett, Greensboro; Amber Braswell, Selma; Kelly Ann 
Carter, Wake Forest; Tammy Maria Casey, Wake Forest; Elizabeth Lee Cloninger, 



May 13, 1985 



1985] SENATE JOURNAL 331 

Lincolnton; Tommie Leigh Cox, Fairmont; Edwina Lorene Crady, Hickory; Elizabeth 
Carolie Cutts, Raleigh; Darren Dowell, Cullowhee; Earl Nathan Frizzell, Sylva; Britt 
Nicole Fulford, Clayton; Erika Gordon Gantt, Charlotte; Cecil Lee Hinesley, Asheboro; 
Nancy Marie Inman, Wilmington; DeAnne Marie Johnson, Knightdale; Edward Delano 
Roberts, Raleigh; Tammy Renee Schley, Carolina Beach; Brain Vincent Watt, Charlotte; 
Rodriguez Pierre Webb, Raleigh; and Sherri Lynn Westbrook, Goldsboro. 

On motion of Senator Harrington, seconded by Senator Winner, the Senate adjourns to 
meet tomorrow, Tuesday, May 14, at 1:30 P.M. 



SEVENTY-FIRST DAY 



Senate Chamber, 
Tuesday, May 14, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Charles W. Lowry, Priest Associate of Emmanuel Episcopal 
Church, Pinehurst, as follows: 

"Let us unite in prayer. 

" 'Be still and know that I am God.' 

" 'I am the Lord; there is no other. I the Lord speak what is right; declare what is just.' 

"Our Father Who art in heaven, we acknowledge that Thou dost govern in the affairs of 
men. And if a sparrow cannot fall to the ground without Thy notice, how can we think Thou 
art indifferent to what we say and do here? 

"If this day Thou dost want us to do, or not to do, any particular thing, we pray that 
Thou will make it plain to us, for Thou knowest how blind we can be, and how stubborn, in 
our own intentions. 

"We pray for Thy help in our thinking and Thy love in our hearts. Let Thy rich blessing 
rest upon those who govern and upon the people of North Carolina. 

"We pray in the Name of Him Who came as the Son of man and the Son of God, even 
Jesus Christ our Lord. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

Leaves of absence granted previously to Senators Royall and Johnson of Cabarrus are 
noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 393, an act to permit the taking of foxes in Avery County. (Ch. 180) 

May 14, 1985 



332 SENATE JOURNAL [Session 

H. B. 598, an act to provide for the use of all property tax collection methods in the 
collection of special assessments in the Town of Mayodan. (Ch. 181) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Ezzell for the Local Government and Regional Affairs Committee: 

S. B. 302, a bill to provide that where a school unit lies in Nash and Edgecombe County 
either County may withdraw and become a part of their County unit, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 302 (Committee Substitute), a bill to provide 
that where a school unit lies in Nash and Edgecombe Counties either County may 
withdraw and become a part of its County unit, is placed before the Senate for immediate 
consideration. On motion of Senator Ezzell, the Committee Substitute bill is adopted. 

Senator Martin of Guilford offers a motion to place the Committee Substitute bill on the 
Calendar for Tuesday, May 21, which motion fails to prevail (electronically recorded). On 
motion of Senator Ezzell, the Committee Substitute bill is placed on the Calendar for 
Thursday, May 16. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 241, a bill to amend Chapter 87 of the General Statutes relating to the quali- 
fications and rosters of general contractors, with a favorable report. 

H. B. 346, a bill to require that when names are affixed to discharges and releases of 
deeds of trust or other instruments the names be printed or typed so as to be legible, with 
a favorable report. 

H. B. 234 (Committee Substitute), a bill to clarify interest relating to judgments and 
provide for interest on noncontract judgments regardless of insurance coverage, with a 
favorable report, as amended. 

S. B. 301, a bill to amend G. S. 20-162.1 to increase the penalty for parking violations 
and to make the prima facie rule of evidence inapplicable to stolen vehicles; and to amend 
G. S. 15A-302(d) to provide for service of parking violation citations, with an unfavorable 
report. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 371, a bill to allow investments in obligations issued, assumed or guaranteed by 
the African Development Bank, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is re-referred to the Commerce 
Committee. 

S. B. 473, a bill to remove the limitation on legal service benefits payable to motor club 
members, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is placed on the Calendar for Tuesday, 
May 21. 



May 14, 1985 



1985] SENATE JOURNAL 333 

By Senator Staton for the Judiciary II Committee: 

S. B. 470, a bill to remove barriers to direct insurance reimbursement to specialty 
nurses for professional services within their scope of practice, with a favorable report. 
On motion of Senator Staton, the bill is re-referred to the Insurance Committee. 

H. B. 475, a bill to include optometrists, veterinarians, and nurses in the exemption 
from the conflict of interest provisions governing membership on certain local boards, 
with a favorable report. 

By Senator Barnes for the Judiciary I Committee. 

H. B. 427, a bill to extend parental liability in motor vehicle cases to adult children, with 
a favorable report. 

H. B. 674, a bill to clarify and simplify the escheats and abandoned property statutes, 
with a favorable report, as amended. 

By Senator Martin of Guilford for the Higher Education Committee: 

H. B. 577, a bill to permit persons less than 16 to take noncredit courses in the 
Community College System, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hipps: 

S. B. 554, a bill to appropriate funds for biological pest control. 
Referred to Appropriations Committee. 

By Senator Hipps: 

S. B. 555, a bill to appropriate funds for the Children's Trust Fund. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 556, a bill to appropriate funds for purchase of emergency hospitalization for 
mentally ill minors when State facilities are over capacity. 
Referred to Appropriations Committee. 

By Senator Marvin: 

S. B. 557, a bill to increase the retirement formula for active and retired members of the 
Local Governmental Employees' Retirement System and Law Enforcement Officers' 
Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senator Hardison: 

S. J. R. 558, a joint resolution providing for joint sessions of the Senate Committee on 
Commerce and the House Committee on Public Utihties to review the Governor's appoin- 
tees to the Utilities Commission and providing for a joint session or sessions of the Senate 



May 14, 1985 



334 SENATE JOURNAL [Session 

and the House of Representatives to act on confirmation on the appointments made by the 
Governor to membership on the North Carolina UtiUties Commission. 

On motion of Senator Hardison, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration. 

Without objection, Senator Wright is excused from voting. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

By Senator Harris: . . 

S. B. 559, a bill to require that the Department of Human Resources study the issue of 
revision of minimum standards for the construction and operation of local jails. 
Referred to Human Resources Committee. 

By Senator Harrington: 

S. B. 560, a bill to provide for land acquisition at Merchants Millpond State Park. 
Referred to Appropriations Committee. 

By Senators Harrington and Thomas of Craven: 

S. B. 561, a bill to appropriate funds for land acquisition in the Roanoke River 
Floodplain Forest, 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 562, a bill to appropriate funds to the PamHco County Rescue Squad. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 563, a bill to appropriate funds for the State's portion of a study to deepen 
Morehead City Harbor to forty-five feet. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 564, a bill to provide funds to United Tri-County Senior Citizens, Inc. , for services 
to the elderly. 

Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 565, a bill to create a Fishermen's Marine Weather Service and to appropriate 
funds for its operation. 

Referred to Higher Education Committee. • 

By Senator Thomas of Craven: 

S. B. 566, a bill to appropriate funds for the continued restoration of the Craven County 
Courthouse. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 



May 14, 1985 



1985] SENATE JOURNAL 335 

S. B. 567, a bill to appropriate funds to the Sealevel Rescue Squad. 
Referred to Appropriations Committee. 

By Senators Staton and Woodard: 

S. B. 568, a bill to amend Chapter 58 of the General Statutes to remove a distinction 
between accident insurance and travel accident insurance. 
Referred to Insurance Committee. 

By Senators Johnson of Wake, Speed, Staton, and Woodard: 

S. B. 569, a bill to appropriate funds to the Tammy Lynn Memorial Foundation, Inc. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake, Speed, Staton, and Woodard: 

S. B. 570, a bill to appropriate funds for emergency technical training in high technology 
fields at Wake Technical Institute. 

Referred to Appropriations Committee. 

By Senator Woodard: 

S. B. 571, a bill to clarify the applicability of G. S. Chapter 24 and 25A to credit plans 
where no finance charge is imposed. 
Referred to Commerce Committee. 

By Senators Taft and Martin of Pitt: 

S. B. 572, a bill to appropriate funds to the Martin County Multi-Purpose Building 
Committee to construct a multi-purpose facility. 
Referred to Appropriations Committee. 

By Senator Taft: 

S. B. 573, a bill to authorize the Legislative Research Commission to study the 
advisability of allowing commercial laboratories in North Carolina to perform certain 
laboratory analysis services without competition from the Department of Human Re- 
sources. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Taft: 

S. B. 574, a bill to permit visitation rights of a biological grandparent following adoption 
of the grandchild by a relative or stepparent. 
Referred to Judiciary III Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 575, a bill to transfer funds appropriated to certain dispute settlement centers to 
the Dispute Settlement Center in Henderson County. 
Referred to Appropriations Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 576, a bill to appropriate funds to add an additional fisheries biologist position in 
Western North Carolina. 

Referred to Appropriations Committee. 



May 14, 1985 



336 SENATE JOURNAL [Session 

By Senators Hipps and Thomas of Henderson: 

S. B. 577, a bill to appropriate funds to upgrade the Highlands magistrate position from 
part-time to full-time. 

Referred to Appropriations Committee. 

By Senators Staton, Johnson of Wake, and Woodard: 

S. B. 578, a bill to amend G. S. 143-138(h). 
Referred to Judiciary II Committee. 

By Senators Plyler, Conder, Kaplan, and Rand: 

S. B. 579, a bill to provide that an apphcation for use value continue in effect until the 
property is transferred or becomes otherwise ineligible for use-value classification. 
Referred to Finance Committee. 

By Senators Plyler, Conder, Kaplan, and Rand: 

S. B. 580, a bill to amend the sanitary sewage system law. 

Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Martin of Pitt, Basnight, and Taft: 

S. B. 581, a bill to increase the fee for service of process. 
Referred to Finance Committee. 

By Senators Somers and Smith: 

S. B. 582, a bill to facilitate enforcement of the Animal Welfare Act. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senator Rauch: 

S. B. 583, a bill to provide an incentive for substituting generic drugs for prescriptions 
covered by the State Medicaid program. 
Referred to Human Resources Committee. 

By Senators Taft, Ezzell, Rand, Sawyer, Somers, Staton, Swain, Walker, and Watt: 

S. B. 584, a bill to provide for interest to run on worker's compensation awards in cases 
of appeals. 
Referred to Judiciary III Committee. 

By Senators Walker and Marvin: 

S. B. 585, a bill to appropriate funds to raise the foster care board rates. 
Referred to Appropriations Committee. - ' 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 123, a bill to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board, for 



May 14, 1985 



I 1985] SENATE JOURNAL 337 

concurrence in House Amendment No. 1 which is re-referred to the Judiciary III 
Committee. 

H, B. 586, a bill to allow the transfer of personal property of the Town of Black Creek. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 636 (Committee Substitute), a bill to make changes to the Community Service 
Parole Program. 
Referred to Judiciary III Committee. 
I 

H. B. 771, a bill to permit cities and counties to provide public services through 

contracts with private agencies. 
Referred to Judiciary IV Committee. 

H. B. 783, a bill to cross-refer in the adoption statutes to G. S. 14-320 regarding the 
separation of a child under six months old from a custodial parent as recommended by the 
General Statutes Commission and to make a clarifying amendment. 

Referred to Judiciary II Committee. 

I H. B. 801, a bill authorizing the Department of Transportation to use aviation grant 

funds for all direct and indirect costs of administering airport grant projects. 
Referred to Transportation Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 154 (Committee Substitute), a bill to amend the Constitution to allow a county to 
exempt, in full or in part, inventories of manufacturers, wholesalers, and retailers from 
property taxes imposed by that county and the local governmental units located in the 
county, upon second reading. 

Senator Thomas of Henderson offers Amendment No. 1 which is adopted (electronically 
recorded). 

Senator Simpson offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

Senator Thomas of Henderson calls the previous question seconded by Senator Rand. 
The call is sustained. 

Having received a three-fifths majority vote, the Committee Substitute bill, as 
amended, passes its second reading by roll-call vote, ayes 31, noes 15, as follows: 

Voting in the affirmative: Senators Barnes, Conder, Ezzell, Goldston, Guy, Hardison, 
Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, 
Martin of Guilford, Marvin, McDuffie, Parnell, Plyler, Rand, Rauch, Soles, Staton, 
Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, Winner, 
and Woodard — 31. 

Voting in the negative: Ballenger, Cobb, Kincaid, Martin of Pitt, Price, Redman, 
Sawyer, Shaw, Simpson, Smith, Somers, Speed, Taft, Watt, and Wright — 15. 

On objection of Senator Winner to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for Monday, May 20, for further consideration upon 
third reading. 

S. B. 11 (Committee Substitute), a bill to reorganize State child day care services. 
Senator Speed offers Amendment No. 1 which is adopted (electronically recorded). 



May 14, 1985 



338 SENATE JOURNAL [Session 

Senator Harris offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

On objection of Senator Simpson to its third reading, the Committee Substitute bill, as 
amended, remains on the Calendar for further consideration upon third reading. 

S. B. 393, (Committee Substitute), a bill to clarify the jurisdiction of grand juries. 
The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 436, a bill that notification of a minor's parents by law enforcement officers is not 
required when a minor is charged with committing violations of wildlife statutes or 
regulations punishable by fines of less than fifty dollars or imprisonment not to exceed 
thirty days. 

On motion of Senator Kincaid, consideration of the bill is postponed until Wednesday, 
May 15. 

S. B. 455, a bill to authorize federal judges and magistrates to perform the marriage 
ceremony. 

Senator Winner offers Amendment No. 1. Senator Staton rises to a point of order 
inquiring as to the constitutionality of the Amendment. The President sustains the point 
of order and rules Amendment No. 1 out of order. Senator Winner withdraws Amend- 
ment No. 1. 

The bill passes its second reading (electronically recorded). 

Senator Staton objects to the third reading of the bill and on his further motion, it 
remains on the Calendar for Thursday, May 16, for further consideration upon third 
reading. 

H. B. 71 (Committee Substitute), a bill to allow counties to issue voter registration 
cards, and set minimum standards for such cards. 

On motion of Senator Kaplan, consideration of the Committee Substitute bill is post- 
poned until Tuesday, May 21. 

H. B. 204, a bill to provide better notice to persons whose voter registration is being 
purged for failure to vote. 

On motion of Senator Watt, Committee Amendment No. 1 is adopted. 

Senator Simpson offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1 and No. 2. 

H. B. 495, a bill to repeal the limitation on media expenses in certain statewide races, 
which has been declared unconstitutional. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 244, a bill to make the unlawful possession of hydromorphone, commonly known as 
Dilaudid, a Class I felony, with pending Amendment No. 2, upon third reading. 

Senator Marvin calls the previous question on Amendment No. 2, seconded by Senator 
Rauch. The call is sustained. 

Amendment. No. 2 offered by Senator Taft fails of adoption (electronically recorded). 



May 14, 1985 



1985] SENATE JOURNAL 339 

Senator Marvin calls the previous question, seconded by Senator Harris. The call is 
sustained. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
Hoiise of Representatives. 

S. B. 445, a bill to make the issuance of worthless checks in certain amounts a felony, 
with pending Amendment No. 1, upon third reading. 

Without objection, Amendment No. 1, pending, offered by Senator Martin of Guilford, 
is withdrawn. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

RE-REFERRAL 

S. B. 553, a bill to provide an additional personal income tax exemption for individuals 
who are at least seventy years old and whose net income does not exceed twenty thousand 
dollars. 

On motion of Senator Jordan, the rules are suspended and the bill is taken from the 
Finance Committee and re-referred to the Senior Citizens Committee. 

On motion of Senator Harrington, seconded by Senator Guy, the Senate adjourns in 
memory of Trooper Raymond Earl Worley, to meet tomorrow, Wednesday, May 15, at 
1:30 P.M. 



SEVENTY-SECOND DAY 



Senate Chamber, 
Wednesday, May 15, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

"0 God of the little children, we thank Thee for Jesus's love and support of children. We 
give Thee thanks for all those who work in child care centers, kindergartens, public 
schools, and Sunday schools — so that our children might find love and encouragement in 
their quest for joy and fulfillment. We thank Thee that under the leadership of the 
President of the North Carolina Senate and the Governor of North Carolina, that 1985 has 
been declared the 'Year of the Child' in our State; we are grateful for the work of the 
Children and Youth Committee of this Body; we rejoice in the many bills that have been 
introduced in both Houses of the General Assembly to benefit the children of North 
Carolina; and we pray Thee that in this Chamber we may pass bills which we believe will 
best protect and provide for the welfare of all the children of our State. 

"0 God of Comfort, we pray Thee to be with the husband of Mrs. Catherine Eastburn in 
Cumberland County, with the family of Highway Patrolman Raymond Worley, who was 
killed in the line of duty yesterday; and with all others who grieve the loss of a loved one. In 
the face of tragedy and heartache, give them that peace which the world can neither give 
nor take away. 



May 15, 1985 



340 SENATE JOURNAL [Session 

"0 God of Life, we thank Thee for being with Senator Jim Johnson and bringing him 
successfully through surgery yesterday; and we pray Thee to continue to work Thy 
healing powers in him, so that he may soon return to active duty in this Chamber. 

"0 God of Strength, be with us as we seek to deal with all the bills already in committee 
and the flood of new bills being introduced today. Help us to move with dispatch, but grant 
that we may give full consideration to all matters before this Body, so that we may be 
found faithful stewards of the sacred responsibilities which are ours as members of this 
legislative Body. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Basnight for tomorrow, Thursday, 
May 16, and Friday, May 17. 

Leaves of absence granted previously to Senators Royall and Johnson of Cabarrus are 
noted. 

ENROLLED BILLS 

The EnroUing Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 233, an act to amend Chapter 136 of the General Statutes to provide for service 
upon the Department of Transportation. (Ch. 182) 

H. B. 495, an act to repeal the limitation on media expenses in certain statewide races, 
which has been declared unconstitutional. (Ch. 183) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harris for the Human Resources Committee: 

S. B. 464, a bill relating to cosmetic arts, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Finance Committee. 

H. B. 511, a bill to amend G. S. 108A-14 affecting the duties and responsibilities of 
county directors of social services, with a favorable report. 

H. B. 663, a bill to amend G. S. 143B-153 to provide for adoption of rules by the Social 
Services Commission establishing standards for the inspection and hcensing of domicil- 
iary homes, with a favorable report. 

By Senator Tally for the Natural and Economic Resources and Wildlife Committee: 

H. B. 525, a bill to prohibit hunting on the land of another without his permission in 
Hoke County, with a favorable report. 

H. B. 526, a bill to regulate hunting with rifles in Hoke County, with a favorable report. 



May 15, 1985 



1985] SENATE JOURNAL 341 

By Senator Guy for the State Government Committee: 

H. B. 476 (Committee Substitute), a bill to abolish the Marine Resources Center 
Administrative Board, to reorganize the Marine Science Council, and to establish an 
Office of Marine Affairs, with a favorable report. 

S. B. 394, a bill to establish a general statewide cash management pohcy for the State of 
North Carohna, with a favorable report. 

S. B. 418, a bill to permit the Treasurer to authorize limited exemptions from the Daily 
Deposit Law, with a favorable report. 

S. B. 441, a bill to change the qualifications for a limited pilotage license issued by the 
Cape Fear Navigation and Pilotage Commission, with a favorable report. 

By Senator Hipps for the Children and Youth Committee: 

H. B. 638 (Committee Substitute), a bill to require prompt investigation of a report of 
juvenile abuse or neglect, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 270, a bill to provide that requests for admissions be filed hke other discovery 
papers, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill, 
which changes the title to read, S. B. 270 (Committee Substitute), a bill to make clear that 
requests for admissions must be filed with the Clerk of Court, is placed before the Senate 
for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for Friday, May 17. 

H. B. 723, a bill to amend the North Carolina Uniform Commerical Code, with a 
favorable report, as amended. 

By Senator Kaplan for the Election Laws Committee: 

S. B. 403, a bill to repeal the requirement that the Legislative Services Commission 
appoint an independent auditor for expenditures under the North Carohna Election 
Campaign Fund, with a favorable report. 

S. B. 471, a bill to allow for appointment of additional registration commissioners, with 
a favorable report, as amended. 

By Senator Rauch for the Finance Committee: 

S. B. 374, a bill to disallow as deductions interest on the North Carolina inheritance tax, 
the federal estate tax, and on funds borrowed to pay such taxes, with a favorable report. 

H. B. 12, a bill regarding a certificate of resale, with a favorable report. 

S. B. 195, a bill to amend Chapter 10 of the General Statutes relative to registration 
restoration fees, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute 



May 15, 1985 



342 SENATE JOURNAL [Session 

bill, which changes the title to read, S. B. 195 (Committee Substitute), a bill to amend 
G. S. 20-309 pertaining to financial responsibility prerequisite to registration, is placed 
before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 17. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Rand and Plyler: 

S. B. 586, a bill to amend Section 75-16 of the North Carohna General Statutes to limit 
the award of treble damages for violations of Section 75-1.1. 
Referred to Judiciary IV Committee. 

By Senators Rand, Plyler, and Tally: 

S. B. 587, a bill to provide for payment of a city to taxpayers of a fire district when a city 
annexes territory in the fire district during the fiscal year. 
Referred to Finance Committee. 

By Senator Rand: 

S. B. 588, a bill to increase the service fee in G. S. 14-344 applicable to selling admission 
tickets. 

Referred to Finance Committee. 

By Senator Rand: 

S. B. 589, a bill to amend the requirements of Chapter 95 of the General Statutes 
concerning certain unfired pressure vessels. 

Referred to Manufacturing and Labor Committee. 

By Senator Rand: 

S. B. 590, a bill to amend the definition of a slot machine as it relates to arcade 
amusement machines, video games, and other devices. 
Referred to Judiciary IV Committee. 

By Senator Rand: 

S. B. 591, a bill to make clarifying amendments to the Fair Access to Insurance 
Requirements Act. 
Referred to Insurance Committee. 

By Senator Rand: 

S. B. 592, a bill to permit Extension Service employees having dual employment to 
participate in the Teachers' and State Employees' Retirement System, prevent partial 
withdrawal, and permit Extension Service employees to restore partially withdrawn 
accounts. 

Referred to Pensions and Retirement Committee. 



May 15, 1985 



1985] SENATE JOURNAL 343 

By Senator Rand: 

S. B. 593, a bill to amend the General Statutes to provide that any action, suit or 
proceeding which relates to any bonds issued under Chapter 159B or to any security for 
said bonds must be tried in the Superior Court of Wake County. 

Referred to Judiciary IV Committee. 

By Senator Rand: 

S. B. 594, a bill to amend the requirements for filling contact lens prescriptions. 
Referred to Human Resources Committee. 

By Senator Rand: 

S. B. 595, a bill to provide victim and witness coordination and assistance in all 
prosecutorial districts of the State. 
Referred to Judiciary IV Committee. 

By Senators Swain, Barnes, Cobb, Guy, Hardison, Johnson of Wake, Kaplan, Marvin, 
McDuffie, Rand, Sawyer, Tally, Ward, and Watt: 

S. B. 596, a bill to clarify conditions of probation. 
Referred to Judiciary III Committee. 

By Senator Ezzell: 

S. B. 597, a bill to amend the Retail Installment Sales Act to clarify the validity and 
enforceability of consumer credit retail installment sales using simple interest finance 
charges. 

Referred to Judiciary II Committee. 

By Senators Staton and Johnson of Wake: 

S. B. 598, a bill to provide that claims against decedents' estates may be presented by 
registered or certified mail, return receipt requested. 
Referred to Judiciary II Committee. 

By Senators Staton and Johnson of Wake: 

S. B. 599, a bill to amend Chapter 36A of the General Statutes regarding investments in 
securities by banks or trust companies. 
Referred to Commerce Committee. 

By Senators Staton and Johnson of Wake: 

S. B. 600, a bill to require banks and savings and loan associations to produce an 
affidavit when acting as personal representative, collector or guardian. 
Referred to Commerce Committee. 

By Senator Warren: 

S. B. 601, a bill to appropriate funds for capital expenditures at Sampson Technical 
College. 
Referred to Appropriations Committee. 

By Senator Warren: 



May 15, 1985 



344 SENATE JOURNAL [Session 

S. B. 602, a bill to give school office support personnel an additional salary increment. 
Referred to Appropriations Committee. 

By Senator Kincaid: 

S. B. 603, a bill to provide for more expeditious proceedings in summary ejectment 
actions. 
Referred to Judiciary III Committee. 

By Senator Smith: 

S. B. 604, a bill to establish a General Reserve Fund. 

Referred to Appropriations Committee. i 

By Senators Swain and Winner; 

S. B. 605, a bill to provide maternity parole. 
Referred to Judiciary III Committee. 

By Senator Goldston: 

S. B. 606, a bill to amend G. S. 20-116 relating to the length of certain vehicles. 
Referred to Transportation Committee. 

By Senator Hipps: 

S. B. 607, a bill to appropriate funds for a visitors' center and laboratory complex at the 
Pisgah Forest Fish Hatchery. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 608, a bill to define infractions and establish a procedure for disposition of 
infractions. 

Referred to Judiciary I Committee. 

By Senator Martin of Guilford: 

S. B. 609, a bill to appropriate funds for the Triad Home for Autistic Youth. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: - 

S. B. 610, a bill to assure continuous representation of an indigent person sentenced to 
death. 

Referred to Judiciary II Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 611, a bill to authorize the Legislative Research Commission to study the issue of 
outdoor advertising. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Thomas of Henderson, Hipps, Rand, and Warren: 

S. B. 612, a bill to permit the Commissioners of Motor Vehicles to issue fictitious 
licenses and registration plates to local law enforcement officers under certain circum- 
stances. 



May 15, 1985 



1985] SENATE JOURNAL 345 

Referred to Transportation Committee. 

By Senator Harris: 

S. B. 613, a bill to increase the punishments for various offenses involving animals. 
Referred to Judiciary I Committee. 

By Senators Jordan and Hipps: 

S. B. 614, a bill to require that school pictures of children are retained and made 
available to law enforcement in the event the children are missing. 
Referred to Education Committee. 

By Senator Soles: 

^ S. B. 615, a bill to appropriate funds for Southeastern Community College. 
Referred to Appropriations Committee. 

By Senators Kaplan, Basnight, Ezzell, Guy, Hardison, Harrington, Hipps, Martin of 
Pitt, Marvin, Parnell, Plyler, Rand, Speed, Swain, Tally, and Ward: 

S. B. 616, a bill to require a person to resign from State or local office if he or she seeks 
another pubUc office the term of which runs concurrently with that of the office he is 
holding. 

Referred to Election Laws Committee. 

By Senators Barnes, Basnight, Conder, Ezzell, Goldston, Guy, Harrington, Harris, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin of 
Guilford, Marvin, Parnell, Plyler, Price, Rand, Ranch, Redman, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, 
Warren, Watt, Winner, and Woodard: 

S. B. 617, a bill to provide funds to purchase the critical areas of the park and recreation 
system. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 618, a bill to appropriate funds for a new deputy clerk position for Greene County. 
Referred to Appropriations Committee. 

By Senator Barnes: 

S. B. 619, a bill to appropriate funds to continue the alcohol education program offered 
by the Wayne County Public Schools. 
Referred to Appropriations Committee. 

By Senator Speed: 

S. B. 620, a bill to amend the certificate of need law to permit the transfer of certain 
certificates of need. 
Referred to Human Resources Committee. 

By Senator Soles: 

S. B. 621, a bill to provide that the time requirement limitations for a private protective 



May 15, 1985 



346 SENATE JOURNAL [Session 

license do not apply to the time spent teaching police science subjects at a post-secondary 
educational institution. 
Referred to Judiciary IV Committee. 

By Senators Ballenger, Cobb, McDuffie, Sawyer, Somers, and Wright: 

S. B. 622, a bill authorizing the issuance of State park and recreation area bonds, 
subject to approval by the voters in a referendum on the issue. 
Referred to Natural and Economic Resources and Wildlife Committee. 

By Senators Kaplan and Watt: 

S. B. 623, a bill to authorize urban centers industrial revenue bonds. 
Referred to Commerce Committee. 

By Senators Kaplan and Watt: 

S. B. 624, a bill to increase the percentage of signatures required to call an alcoholic 
beverage election. 

Referred to Election Laws Committee. 

By Senators Johnson of Wake and Woodard: 

S. B. 625, a bill to amend the fire protection laws. 
Referred to Insurance Committee. 

By Senator Harrington: 

S. B. 626, a bill to appoint persons to various public offices upon the recommendation of 
the President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Harrington: 

S. B. 627, a bill to appropriate funds for historic preservation in the Town of Murfrees- 
boro. 

Referred to Appropriations Committee. 

By Senators Watt and Kaplan: 

S. B. 628, a bill to reduce the paper ballot printing requirement. 
Referred to Election Laws Committee. 

By Senators Walker and Hunt of Moore: 

S. B. 629, a bill to make changes in procedures applicable to water and sewer authori- 
ties. 

Referred to Human Resources Committee. 

By Senators Warren, Hardison, and Martin of Guilford: 

S. B. 630, a bill to remove references to the maintenance and operation of school 
facilities from the basic education program. 
Referred to Education Committee. 

By Senator Warren: ,i , , 



May 15, 1985 



1985] SENATE JOURNAL 347 

S. B. 631, a bill to appropriate funds for agricultural research stations. 
Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S. B. 632, a bill to discourage motor vehicle theft, insurance fraud and false pohce 
reports in North Carolina. 

Referred to Insurance Committee. 

By Senator Hardison: 

S. B. 633, a bill to tax foreign insurers the same as domestic insurers. 
Referred to Insurance Committee. 

By Senators Rand, Harrington, and Thomas of Henderson: 

S. B. 634, a bill to permit grand juries to investigate drug trafficking, to increase the 
maximum term of imprisonment for criminal contempt for refusing to testify after being 
granted immunity, and to hmit the scope of immunity granted witnesses to use immunity. 

Referred to Judiciary IV Committee. 

By Senators Rand, Barnes, and Guy: 

S. B. 635, a bill to create a new chapter of the General Statutes concerning military 
affairs and to regulate military property sales facilities and discrimination against military 
members. 

Referred to State Government Committee. 

By Senators Plyler, Conder, and Rand: 

S. B. 636, a bill to authorize the Legislative Research Commission to study local land 
use control policies affecting manufactured housing. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Plyler, Conder, and Rand: 

S. B. 637, a bill authorizing the estabhshment of a State Controller Study Commission 
to study the feasibility of establishing a State Controller. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Marvin: 

S. B. 638, a bill to authorize the Legislative Research Commission to study child 
support issues. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Marvin, Harris, and Rauch: 

S. B. 639, a bill to appropriate funds to estabhsh the Gaston County Children's Council. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S. J. R. 640, a joint resolution honoring the life and memory of Mrs. Eugenia Patterson 
VanLandingham and thereby applauding the efforts to remove or improve abandoned 
structures which blight the scenic beauty of North Carolina's roadways. 

Referred to Rules and Operation of the Senate Committee. 



May 15, 1985 



348 SENATE JOURNAL [Session 

By Senators Tally, Barnes, and Woodard: 

S. B. 641, a bill to create a study committee on hunter safety and outdoor ethics. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Cobb and Ballenger: .- 

S. B. 642, a bill to repeal reciprocity requirements on inheritance rights of aliens. 
Referred to Judiciary IV Committee. 

By Senator Cobb: 

S. B. 643, a bill to provide for closed-circuit television appearances by criminal de- 
fendants in certain hearings in district court. 
Referred to Judiciary IV Committee. 

By Senators Cobb and Smith: 

S. B. 644, a bill to continue certain sales and use tax refunds to air carriers after airhne 
deregulation. 

Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 274 (Committee Substitute), a bill to remove the requirement that absentee 
ballots from outside the United States need to be notarized. 
Referred to Election Laws Committee. 

H. B. 506 (Committee Substitute), a bill relating to quorum and voting requirements of 
the State Banking Commission. 

Referred to Commerce Committee. 

H. B. 788, a bill to make various amendments to the General Statutes as recommended 
by the General Statutes Commission. 
Referred to Judiciary I Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 58 (Committee Substitute), a bill to recodify the Mental Health, Mental Retarda- 
tion, and Substance Abuse Laws of North Carolina, upon second reading. 

On motion of Senator Harris, the rules are suspended to the end that Lynn Gunn, 
Executive Director of the Mental Health Study Commission, is extended the courtesies of 
the floor for the purpose of assisting Senator Harris in the explanation of the Committee 
Substitute bill. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 42, 
noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hunt of Durham, Hunt of Moore, Jordan, Kaplan, Kincaid, 
Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, 



May 15, 1985 



1985] SENATE JOURNAL 349 

Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 42. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for further consideration upon 
third reading. 

S. B. 241, a bill to amend Chapter 87 of the General Statutes relating to the quali- 
fications and rosters of general contractors. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Soles to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

S. B. 436, a bill that notification of a minor's parents by law enforcement officers is not 
required when a minor is charged with committing violations of wildlife statutes or 
regulations punishable by fines of less than fifty dollars or imprisonment not to exceed 
thirty days. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 468, a bill to provide that expenses for a wrongful death action may be advanced 
from the decedent's estate. 

Senator Barnes offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

H. B. 81 (Committee Substitute), a bill to reenact the North Carolina child passenger 
restraint law. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted. 

Senator Sawyer offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

Senator Sawyer offers Amendment No. 3 which fails of adoption (electronically re- 
corded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

Senator Warren objects to the third reading of the Committee Substitute bill, as 
amended, which objection he subsequently withdraws, and Senator Sawyer objects to the 
third reading of the Committee Substitute bill, as amended. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

H. B. 234 (Committee Substitute), a bill to clarify interest relating to judgments and 
provide for interest on noncontract judgments regardless of insurance coverage. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

Senators Winner and Jordan request to be recorded voting "aye." 

H. B. 346, a bill to require that when names are affixed to discharges and releases of 
deeds of trust or other instruments the names be printed or typed so as to be legible. 
The bill passes its second reading (electronically recorded). 



May 15, 1985 



350 SENATE JOURNAL [Session 

On objection of Senator Watt to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. 

H. B. 427, a bill to extend parental liability in motor vehicle cases to adult children. 
Without objection, consideration of the bill is postponed until Thursday, May 16. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Harrington offers a motion to the end that the Rules be suspended to allow the 
introduction of the following Senate resolution, which motion prevails by a two-thirds 
majority vote. ., 

By Senator Harrington: 

S. R. 669, a Senate resolution to provide for the extension of certain deadlines. 

On motion of Senator Harrington, the rules are suspended and the Senate resolution is 
placed before the Senate for immediate consideration. 

On motion of Senator Harrington, the Senate Resolution is adopted. The text of this 
resolution is as follows: 

A SENATE RESOLUTION TO PROVIDE FOR THE EXTENSION OF CERTAIN 
DEADLINES. 

Be it resolved by the Senate: 

Section 1. For the purpose of Senate Rule 44.1, and the next to the last sentence of 
Senate Rule 41, any measure submitted to the Bill Drafting Division of the Legislative 
Services Office by 4:00 p.m. on Wednesday, May 15, 1985, and filed in the House of 
Representatives before 3:00 p.m. on Friday, May 17, 1985, shall be treated as if it had 
been filed by May 15, 1985. 

Sec. 2. For the purpose of Senate Rule 44. 1, and the next to the last sentence of Senate 
Rule 41, any measure submitted to the Bill Drafting Division of the Legislative Service 
Office by 4:00 p.m. on Wednesday, May 15, 1985, and filed for introduction in the Senate 
before 3:00 p.m. on Friday, May 17, 1985, shall be treated as if it had been filed for 
introduction by May 15, 1985. 

Sec. 3. This resolution shall only become effective if the House of Representatives 
adopts a similar resolution. 

Sec. 4. This resolution is effective upon adoption. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. J. R. 1157, a joint resolution to provide for enforcement of the extension of the 
deadline for filing or introduction of certain measures. 

Without objection, the rules are suspended, and the joint resolution is placed before the 
Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

CALENDAR (Continued) 
H. B. 475, a bill to include optometrists, veterinarians, and nurses in the exemption 



May 15, 1985 



;, \ 



1985] SENATE JOURNAL 351 

from the conflict of interest provisions governing membership on certain local boards. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

Senator Rand requests to be recorded voting "aye." 

H. B. 577, a bill to permit persons less than 16 to take noncredit courses in the 
Community College System. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

ENROLLED JOINT RESOLUTION 

The Enrolling Clerk reports the following joint resolution properly enrolled, and duly 
ratified, and sent to the office of the Secretary of State: 

H. J. R. 1157, a joint resolution to provide for enforcement of the extension of the 
deadline for filing or introduction of certain measures. (Res. 11) 

CALENDAR (Continued) 

H. B. 674, a bill to clarify and simplify the escheats and abandoned property statutes. 

On motion of Senator Warren, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 11 (Committee Substitute), a bill to reorganize State child day care services, as 
amended, upon third reading. 

Senator Hipps offers Amendment No. 3. 

Senator Redman rises to a point of order inquiring as to Amendment No. 3, amending 
the bill as amended by Amendment No. 1 previously adopted. The Chair sustains the point 
of order. 

The Chair directs the Reading Clerk to read Amendment No. 3 with corrected citation. 

Corrected Amendment No. 3 is adopted (electronically recorded). 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered engrossed and sent to the House of Representatives. 

RE-REFERRAL 

S. B. 154 (Committee Substitute), a bill to amend the Constitution to allow a county to 
exempt, in full or in part, inventories of manufacturers, wholesalers, and retailers from 
property taxes imposed by that county and the local governmental units located in the 
county. 

On motion of Senator Thomas of Henderson, the Committee Substitute bill is taken 
from the Calendar for Monday, May 20, and is placed on the Calendar for Tuesday, 
May 21. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H. B. 1129, a bill to modify the benefits provided under the Teachers' and State 
Employees' Comprehensive Major Medical Plan. 



May 15, 1985 



352 SENATE JOURNAL [Session 

Senator Plyler offers a motion to suspend the rules to the end that the bill may be placed 
before the Senate for immedate consideration, which motion fails to prevail (electronically 
recorded). 

On motion of Senator Staton, the bill is placed on the Calendar as Special Order of 
Business No. 1 for Thursday, May 16. 

On motion of Senator Harrington, seconded by Senator Parnell, the Senate adjourns to 
meet tomorrow, Thursday, May 16, at 1:30 P.M. 



SEVENTY-THIRD DAY 



Senate Chamber, 
Thursday, May 16, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Honorable Marvin Ward, Senator of Forsyth County, as 
follows: 

"Our Heavenly Father, we are thankful for the privilege of gathering here again on 
another day to make some difficult decisions. We ask for Thy divine guidance as we study 
matters and try to make decisions that are fair to everyone. 

"We ask Your privilege of letting us think carefully and weigh all the matters in every 
way possible before we make that final decision. 

"These things we ask in Thy Name. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Swain for today and for tomorrow, 
Friday, May 17. Leaves of absence granted previously to Senators Basnight, Johnson of 
Cabarrus, and Royall are noted. 

ENROLLED BILLS 

The Enrolhng Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 146, an act to increase the Confederate widows' pension. (Ch. 184) 

S. B. 189, an act to amend Chapter 926, 1947 Session Laws As Amended, relating to the 
Charlotte Firemen's Retirement System. (Ch. 185) 

S. B. 262 (Committee Substitute), an act to amend G. S. 118-7 as that Statute applies to 
the City of Asheboro to estabhsh supplemental retirement benefits for Asheboro's fire- 
men. (Ch. 186) 

S. B. 348, an act to consider the effects of unencumbered actuarial gains upon employer 
or State contributions to and unfunded accrued habilities of retirement and pension plans 
administered by the State. (Ch. 187) ■ 



May 16, 1985 



1985] SENATE JOURNAL 353 

S. B. 358, an act to provide a supplemental retirement fund for firemen in the City of 
Williamston. (Ch. 188) 

S. B. 389, an act to modify the retirement actuarial note requirement. (Ch, 189) 

H. B. 475, an act to include optometrists, veterinarians, and nurses in the exemption 
from the conflict of interest provisions governing membership on certain local boards. 
(Ch. 190) 

H. B. 577, an act to permit persons less than 16 to take noncredit courses in the 
Community College System. (Ch. 191) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Soles for the Judiciary IV Committee: 

S. B. 420, a bill creating the criminal offense of felonious restraint, with a favorable 
report, as amended. 



I By Senator Marvin for the Pensions and Retirement Committee: 

H. B. 508, a bill to provide supplemental retirement funds for members of the City of 
Shelby Fire Department and to modify the appUcation of G. S. 118-5, G. S. 118-6, and G. S. 
118-7 to the City of Shelby, with a favorable report. 

H. B. 550, a bill to amend Chapter 767 of the 1983 Session Laws and relating to the 
purchase of credit in the Charlotte Firemen's Retirement System, with a favorable 
report. 

H. B. 599, a bill to establish a Supplemental Pension Fund for firemen in the City of 
Mayodan, with a favorable report, as amended. 

By Senator Staton for the Judiciary II Committee: 

S. B. 521, a bill to provide for the simultaneous foreclosure of two or more deeds of trust 
secured by the same property, with a favorable report. 

H. B. 85, a bill to conform the North Carolina Rules of Civil Procedure to the federal 
rules with regard to abusive discovery practices, with a favorable report. 

By Senator Warren for the Transportation Committee: 

H. B. 704, a bill to permit the drivers of antique cars not to display the current 
registration plate under certain circumstances, with an unfavorable report as to bill, but 
favorable as to Senate Committee Substitute bill. 

On motion of Senator Warren, the rules are suspended and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Warren, the Senate Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, May 20. 



May 16, 1985 



354 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Tally: 

S. B. 645, a bill to authorize the use of commercial water treatment operation firms. 
Referred to Human Resources Committee. 

By Senator Tally: 

S. B. 646, a bill to continue the work of the Commission on a Cafeteria-Style Benefits 
Program for Teachers and State Employees and to appropriate funds for that purpose. 
Referred to Appropriations Committee. 

By Senator Harrington: 

S. B. 647, a bill to appoint persons to various pubHc offices upon the recommendation of 
the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Hardison: 

S. B. 648, a bill to appropriate funds to a special fund of the Department of Public 
Education for expansion of the public schools' basic skills program in economic education. 
Referred to Appropriations Committee. 

By Senator Walker: 

S. B. 649, a bill to reduce the discount allowed merchants who remit sales and use taxes. 
Referred to Finance Committee. 

By Senators Walker, Plyler, and Rand: 

S. B. 650, a bill to require merchants who collect more than one thousand dollars a 
month in sales taxes to remit these taxes twice a month instead of once a month and to 
shorten the time after a reporting period by which merchants must remit taxes. 

Referred to Finance Committee. 

By Senator Walker: 

S. B. 651, a bill to extend the law regarding principal and teacher employment contracts 
to all principals and teachers in the public schools of North Carolina. 
Referred to Education Committee. 

By Senator Walker; 

S. B. 652, a bill to extend the law regarding principal and teacher employment contracts 
to all principals and teachers in the pubUc schools of North Carolina. 
Referred to Education Committee. 

By Senator Simpson: 

S. B. 653, a bill to permit a landlord to deliver property abandoned by a tenant to a 
nonprofit organization. 

Referred to Judiciary II Committee. 



May 16, 1985 



1985] SENATE JOURNAL 355 

By Senator Hipps: 

S. B. 654, a bill to rewrite and broaden the Cartway Statute as recommended by the 
General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Hipps: 

S. B. 655, a bill to authorize the Legislative Research Commission to study plans for 
storage of high-level radioactive waste. 
Referred to Rules and Operation of the Senate Committee. 

By Senator Thomas of Craven: 

S. B. 656, a bill to appropriate funds for the construction of the Union Point River 
Resources Center. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 657, a bill to appropriate funds for an historical museum and research library in 
Carteret County. 
Referred to Appropriations Committee. 

By Senators Watt and Kaplan: 

S. B. 658, a bill to provide a uniform filing period for candidacies in municipal elections 
and making conforming changes in dates for setting filing fees and appointing municipal 
boards of elections. 

Referred to Election Laws Committee. 

By Senators Watt and Kaplan: 

S. B. 659, a bill to change the deadlines for making application for absentee ballots to 
provide for applications by mail two days earlier, but extending by one day the deadUne 
for one-stop absentee voting. 

Referred to Election Laws Committee. 

By Senators Rand, Martin of Pitt, and Taft: 

S. B. 660, a bill to permit medical centers to increase their percentage of skilled nursing 
facility beds. 

Referred to Human Resources Committee. 

By Senators Rand, Johnson of Wake, Kaplan, Plyler, and Watt: 

S. B. 661, a bill to provide for mutuahty in insurance contracts with respect to refunds of 
unearned premiums and to provide for more expeditious refunds of unearned premiums 
after cancellations of insurance policies. 

Referred to Insurance Committee. 

By Senators Rand and Harrington: 

S. B. 662, a bill to enhance the investigative capabilities of law enforcement in cases of 
drug trafficking by permitting the use of electronic surveillance in limited circumstances. 
Referred to Judiciary IV Committee. 



May 16, 1985 



356 SENATE JOURNAL [Session 

By Senators Thomas of Henderson and Hipps: 

S. B. 663, a bill to impose sales tax on all property sold at flea markets and to require all 
persons who sell property at flea markets to display their sales tax licenses. 
Referred to Finance Committee. 

By Senators Barnes and Smith: 

S. B. 664, a bill to expand the property tax exemption for certain civic and fraternal 
organizations to include recreational facilities that are owned by those organizations and 
are used only by members of the organizations. 

Referred to Finance Committee. ■ 

By Senator Barnes: > ' 

S. B. 665, a bill to appropriate funds for the construction of a new building at Wayne 
Community College. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 666, a bill to appropriate funds for the restoration of the King Solomon Lodge 
Masonic Building. 
Referred to Appropriations Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 667, a bill to permit employees of the State Employees Association of North 
CaroUna, the employees of the North Carolina Association of Educators, and the em- 
ployees of North CaroUna School Boards Association the option of terminating member- 
ship in the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee. 

By Senators Woodard, Johnson of Wake, and Staton: 

S. B. 668, a bill to amend travel allowances of State officers and employees. 
Referred to Appropriations Committee. 

By Senators Rauch, Basnight, Tally, Thomas of Henderson, and Watt: 

S. B. 670, a bill to authorize the Legislative Research Commission to study the 
financing of local government. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rand: 

S. B. 671, a bill to permit members of the Teachers' and State Employees' Retirement 
System and of the consoUdated Judicial Retirement System to purchase creditable service 
for comparable federal employment. 

Referred to Pensions and Retirement Committee. 

By Senators Marvin, Barnes, Conder, Harris, Hunt of Moore, Johnson of Wake, 
Kaplan, Plyler, Rand, Rauch, Speed, Staton, Swain, Tally, Ward, Warren, Winner, and 
Woodard: 



May 16, 1985 



1985] SENATE JOURNAL 357 

S. B. 672, a bill to change the manner in which the salary of a teacher who receives a 
master's degree is calculated. 

Referred to Education Committee. 

By Senators Ward, Harris, Kaplan, Marvin, Swain, and Tally: 

S. B. 673, a bill to amend the Uniform Anatomical Gift Act relating to cornea donations. 
Referred to Human Resources Committee. 

By Senator Royall: 

S. B. 674, a bill to establish the Personnel Classification Study Commission. 
The Chair directs the Reading Clerk not to read the bill, improperly filed. 

By Senators Redman, Harrington, Simpson, and Staton: 

S. B. 675, a bill to create the State Personnel Study Commission to study the State 
Personnel Act and to propose changes to give professional State employees the protection 
and security from poHtical pressures they deserve and to estabhsh a senior executive 
service. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Cobb and Redman: 

S. B. 676, a bill to amend the Constitution of North Carohna to provide for nonpartisan 
selection of justices and judges of the General Court of Justice. 
Referred to Judiciary IV Committee. 

By Senators Cobb and Redman: 

S. B. 677, a bill to create a Judicial Nominating Commission and to implement the 
nonpartisan plan for the selection of judges as required by Article IV, Section 16, of the 
North Carolina Constitution. 

Referred to Judiciary IV Committee. 

By Senators Parnell, Cobb, Hipps, Johnson of Wake, Swain, and Taft: 

S. B. 678, a bill to make appropriations from the reserve for the Safe Roads Act to 
reimburse counties for related jail costs. 
Referred to Appropriations Committee. 

Senator Redman moves that Rule 41 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote. - 

By Senators Redman and Rauch: 

S. B. 679, a bill to increase the CON threshold for the acquisition of major medical 
equipment and to require that a recipient of a CON follow the projections of its apphca- 
tion. 

Referred to Human Resources Committee. 

Senator Redman moves that Rule 41 be suspended to allow the introduction and 
referral to committee of the following bill, which motion prevails by a two-thirds majority 
vote: 



May 16, 1985 



358 SENATE JOURNAL [Session 

By Senator Redman: 

S. B. 680, a bill to define as a Class J felony any attempted influence by an elected or 
appointed public official, their agents, or representatives, and to prohibit former em- 
ployees from acting in matters connected with former duties. 

Referred to Judiciary IV Committee. 

By Senators McDuffie and Redman: . - . . 

S. B. 681, a bill to require the State Department of Public Instruction to adopt and 
implement rules promoting the safety of all cheerleaders enrolled in all pubUc middle 
schools, junior high schools, and high schools. 

Referred to Education Committee. 

By Senators McDuffie and Redman: 

S. B. 682, a bill to provide for safety rules for cheerleaders enrolled in the constituent 
institutions of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senators Rand, Harrington, Hipps, Kaplan, Martin of Guilford, Marvin, Plyler, 
Tally, Thomas of Henderson, Warren, and Watt: 

S. B. 683, a bill to create the North Carolina Housing Trust Fund. 
Referred to Judiciary I Committee. 

By Senator Ballenger: ' ' 

S. B. 684, a bill exempting certain State employees from the requirement of paying a fee 
when they commute to work in a State car. 
Referred to State Government Committee. ^ 

By Senator Watt: T 

S. B. 685, a bill to amend the Constitution of North Carolina to provide that midterm 
vacancy elections shall be held when the vacancy occurs at least sixty days before the 
election rather than at least thirty days before the election, so as to ease the administra- 
tion of elections. 

Referred to Election Laws Committee. 

RE-REFERRAL 

S. B. 195 (Committee Substitute), a bill to amend G. S. 20-309 pertaining to financial 
responsibility prerequisite to registration. 

On motion of Senator Kincaid the rules are suspended and the Committee Substitute 
bill is taken from the Calendar for Friday, May 17, and is placed on the Calendar for 
Monday, May 20. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 156 (Committee Substitute), a bill to amend Chapters 24 and 45 to provide for 



May 16, 1985 



1985] SENATE JOURNAL 359 

equity lines of credit, for concurrence in House Amendments No. 1 and No. 2 which is 
placed on the Calendar for tomorrow, May 17. 

S. B. 336, a bill to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North Carolina case law and as required by federal law, for 
concurrence in House Amendment No. 1 which is placed on the Calendar for tomorrow. 
May 17. 

H. B. 206 (Committee Substitute), a bill to reduce the fee rate for administration of 
estates and to set a maximum cumulative fee. 
Referred to Finance Committee. 

H. B. 504, a bill to authorize the County of Wilkes and the Cities of Wilkesboro and 
North Wilkesboro to appropriate money to the Wilkes YMCA. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 507, a bill to amend the Town of Knightdale Charter to permit conditional use 
zoning. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 509, a bill to authorize the Charlotte-Mecklenburg County Board of Education to 
continue its pilot program extending the probationary period for nontenured teachers. 
Referred to Education Committee. 

H. B. 537, a bill to reduce the length of time a child must remain in foster care as grounds 
for terminating parental rights. 
Referred to Judiciary II Committee. 

H. B. 571, a bill to authorize Wake County to accept gifts of real property for roadway 
reservations. 

Referred to Local Government and Regional Affairs Committee. 

H. B. 603, a bill to permit the Town of CorneUus to use conditional use zoning districts. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 650, a bill to bring Mecklenburg County under the general law regarding setting 
salaries of the Board of Education. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 787, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

H. B. 794, a bill to permit the Town of Beaufort to regulate the possession of beer and 
unfortified wine by ordinance. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 812, a bill to exempt partnerships that render professional services from the 
requirement that they file a certificate of assumed name. 
Referred to Judiciary II Committee. 

H. B. 821, a bill to ban the addition of sulfiting agents to certain foods. 
Referred to Agriculture Committee. 



May 16, 1985 



360 SENATE JOURNAL [Session 

RE-REFERRAL 

H. B. 119 (Senate Committee Substitute), a bill to restrict the partial gasoline and 
special fuels tax exemption for alcohol fuels to fuels produced in North Carolina from 
agricultural or forestry products, and to provide that the special exemption is repealed if 
this restriction is declared unconstitutional. 

On motion of Senator Rauch, the rules are suspended, and the Senate Committee 
Substitute bill is taken from the Finance Committee and placed before the Senate for 
immediate consideration. 

Senator Rauch offers a motion that the vote by which the Senate Committee Substitute 
bill was adopted be reconsidered, which motion prevails, and without objection, with- 
draws the Senate Committee Substitute bill. 

Senator Rauch offers a motion that the original bill, entitled H. B. 119, a bill to repeal 
the partial gasoline and special fuels tax exemption for alcohol fuels, be taken from the 
table, which motion prevails and offers a further motion that the bill and the Senate 
Committee Substitute bill be recommitted to the Finance Committee, which motion 
prevails. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 
SPECIAL ORDER NO. 1 
H. B. 1129 

The hour having arrived for the consideration of Special Order No. 1 the President of 
the Senate lays before the Senate Special Order No. 1, it being H. B. 1129, a bill to modify 
the benefits provided under the Teachers' and State Employees' Comprehensive Major 
Medical Plan. 

Senator Plyler offers a motion that the rules be suspended to the end that the Fiscal 
Research Staff may be seated for the purpose of providing assistance to the Senate, which 
motion prevails. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H. B. 1129, an act to modify the benefits provided under the Teachers' and State 
Employees' Comprehensive Major Medical Plan. (Ch. 192) 

CALENDAR (Continued) 

S. B. 302 (Committee Substitute), a bill to provide that where a school unit lies in Nash 
and Edgecombe Counties either County may withdraw and become a part of its County 
unit. 

Senator Harrington offers Amendment No. 1 which is adopted (electronically re- 
corded). 

On motion of Senator Harrington, the Committee Substitute bill, as amended, is 
ordered engrossed and re-referred to the Appropriations Committee. 



May 16, 1985 



1985] SENATE JOURNAL 361 

H. B. 525, a bill to prohibit hunting on the land of another without his permission in 
Hoke County. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 526, a bill to regulate hunting with rifles in Hoke County. 

Senator Parnell offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 58 (Committee Substitute), a bill to recodify the Mental Health, Mental Retarda- 
tion, and Substance Abuse Laws of North Carohna, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 39, noes 0, 
as follows: 

Voting in the affirmative: Senators Barnes, Cobb, Conder, Ezzell, Goldston, Hardison, 
Harrington, Harris, Hipps, Hunt of Moore, Johnson of Wake, Jordan, Kaplan, Kincaid, 
Martin of Guilford, Martin of Pitt, Marvin, McDuffie, Parnell, Plyler, Price, Rand, Rauch, 
Redman, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Tally, Walker, 
Ward, Warren, Watt, Woodard, and Wright — 39. 

Voting in the negative: None. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S. B. 374, a bill to disallow as deductions interest on the North Carohna inheritance tax, 
the federal estate tax, and on funds borrowed to pay such taxes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 394, a bill to estabUsh a general statewide cash management poUcy for the State of 
North Carolina. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 403, a bill to repeal the requirement that the Legislative Services Commission 
appoint an independent auditor for expenditures under the North Carolina Election 
Campaign Fund. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 418, a bill to permit the Treasurer to authorize limited exemptions from the Daily 
Deposit Law. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 441, a bill to change the quahfications for a limited pilotage Hcense issued by the 
Cape Fear Navigation and Pilotage Commission. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 471, a bill to allow for appointment of additional registration commissioners. 
On motion of Senator Martin of Guilford, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second reading (electronically recorded). 



May 16, 1985 



362 SENATE JOURNAL [Session 

On objection of Senator Cobb to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

H. B. 12, a bill regarding a certificate of resale. 

Senator Rauch, Co-Chairman of the Finance Committee, requests a fiscal note. 

The bill is placed on the Calendar for Tuesday, May 21, for receipt of a fiscal note. 

H. B. 427, a bill to extend parental Uability in motor vehicle cases to adult children. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 476 (Committee Substitute), a bill to abolish the Marine Resources Center 
Administrative Board, to reorganize the Marine Science Council, and to establish an 
Office of Marine Affairs. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 511, a bill to amend G. S. 108A-14 affecting the duties and responsibilities of 
county directors of social services. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 638 (Committee Substitute), a bill to require prompt investigation of a report of 
juvenile abuse or neglect. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered enrolled. 

H. B. 663, a bill to amend G. S. 143B-153 to provide for adoption of rules by the Social 
Services Commission estabUshing standards for the inspection and licensing of domicil- 
iary homes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 723, a bill to amend the North Carolina Uniform Commercial Code. 

On motion of Senator Cobb, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 241, a bill to amend Chapter 87 of the General Statutes relating to the quali- 
fications and rosters of general contractors, upon third reading. 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

S. B. 455, a bill to authorize federal judges and magistrates to perform the marriage 
ceremony, upon third reading. 

Senator Winner offers Amendment No. 2 which fails of adoption (electronically re- 
corded). 

The bill passes its third reading (electronically recorded) and is ordered sent to the 
House of Representatives. 

H. B. 81 (Committee Substitute), a bill to reenact the North Carolina child passenger 
restraint law, as amended, upon third reading. 



May 16, 1985 



I 



1985] SENATE JOURNAL 363 

The Committee Substitute bill, as amended, passes its third reading (electronically 
recorded) and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1. 

H. B. 346, a bill to require that when names are affixed to discharges and releases of 
deeds of trust or other instruments the names be printed or typed so as to be legible, upon 
third reading. 

On motion of Senator Watt, consideration of the bill is postponed until Tuesday, May 21. 

APPOINTMENT BY THE GOVERNOR 

The President directs the Reading Clerk to read the following message from the 
Governor: 

State of North CaroHna 

Office of the Governor 

Raleigh 27611 

May 14, 1985 

The Honorable Robert B. Jordan, HI 

President of the Senate 

Lieutenant Governor of North Carolina 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina Utihties Commission 

Dear Lieutenant Governor Jordan: 

Pursuant to North Carolina General Statute Section 62-10, I hereby appoint Julius A. 
Wright, New Hanover County, to the North Carolina Utihties Commission to fill the 
vacancy caused by the resignation of Hugh A. Crigler, Jr., whose term expires July 1, 
1985, subject to confirmation by the General Assembly in joint session. Furthermore, I 
hereby submit his name to the General Assembly for said confirmation. 

Sincerely, 

S/ James G. Martin 
Governor 

Referred to Commerce Committee. 

On motion of Senator Harrington, seconded by Senator Martin of Pitt, the Senate 
adjourns to meet tomorrow, Friday, May 17, at 10:00 A.M. 



SEVENTY-FOURTH DAY 



Senate Chamber, 
Friday, May 17, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. Samuel D. McMillan, Jr., Senate Chaplain, as follows: 

May 17, 1985 



364 SENATE JOURNAL [Session 

"0 God of Justice, we thank You for the Ten Commandments, which You have given us 
as guides to our relationship with You and with one another. 

"0 God of Holiness, grant that we may put no other gods before You. Save us from the 
temptation to make gods or idols of power, popularity, money, sex, sports, or success. 
Deliver us from profanity; and grant that we may faithfully keep all the vows we have 
made to You and all the commitments we have made to others. Inspire us to live a godly 
life; and grant that we may seek first Your Kingdom and Your righteousness. 

"0 God of the Sabbath, help us to remember the Sabbath to keep it holy; grant that this 
weekend and every weekend that we may be found worshiping You in Your House; and 
inspire us to practice our faith not only in our houses of worship, but every day, in the 
social, political, and business arenas of life. 

"0 God of the Family, inspire us to honor our father and our mother; and grant that we 
may live honorable lives — which will be an inspiration to our children and grandchildren. 

"0 God of Covenant, equip us to faithfully fulfill our sacred responsibihties as spouses, 
parents, citizens, pastors, and Senators. 

"0 God of Love, inspire us to love You with all our being; grant that we may love our 
neighbors as we love ourselves; and give us hearts of compassion — which reach out in 
tenderness to all who are oppressed, wounded, abandoned, or in need of love and support. 

"0 God of Righteousness and Mercy, grant that we may pass laws in this Chamber 
which will bring honor to Your Name, and which will provide justice, protection, compas- 
sion, and opportunity for all the children, youth, and adults of our State — regardless of 
their race, sex, or station in life. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Conder for today. 

Leaves of absence granted previously to Senators Royall, Johnson of Cabarrus, and 
Swain are noted. 

The President grants courtesies of the floor to Carl Totherow, former Senator from 
Forsyth County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. J. R. 458, a joint resolution honoring Matthew Wilkes Brown and recognizing the 
importance of organ donations, with a favorable report. 

By Senator Winner for the Education Committee: 

S. B. 293, a bill to require health assessments for kindergarten children in the public 
schools, with a favorable report, as amended. 



May 17, 1985 



1985] SENATE JOURNAL 365 

S. B. 431, a bill to increase State sales and use taxes by one-half percent and to use the 
proceeds to establish a Public School Capital Construction Fund, with a favorable report, 
as amended. 

On motion of Senator Winner, the rules are suspended and the bill is placed before the 
Senate for immediate consideration, and on his further motion Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Committee. 

By Senator Thomas of Henderson for the Finance Committee: 

H. B. 119, a bill to repeal the partial gasoline and special fuels tax exemption for alcohol 
fuels, with a favorable report. 

On motion of Senator Thomas of Henderson, the bill is placed on the Calendar for 
Tuesday, May 21. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Sawyer: 

S. B. 686, a bill to prohibit insurance points from being assessed after a speeding 
conviction in certain instances. 
Referred to Insurance Committee. 

By Senator Sawyer: 

S. B. 687, a bill to create two additional pay scales for magistrates with eleven or more 
years of service. 

Referred to Appropriations Committee. 

By Senator Ezzell: 

S. B. 688, a bill to appropriate funds for the Coastal Plains Law Enforcement Academy 
to use the Special Care Center in Wilson. 
Referred to Appropriations Committee. 

By Senator Taft: 

S. B. 689, a bill prohibiting the copying of products by the direct molding process. 
Referred to Judiciary III Committee. 

By Senator Taft: 

S. B. 690, a bill to continue the School Finance Pilot Project. 
Referred to Education Committee. 

By Senator Swain: 

S. B. 691, a bill to incorporate certain changes into the Alarm Systems Licensing Act. 
Referred to Judiciary III Committee. 

By Senator Wright: 

S. B. 692, a bill to exempt sixteen-foot long sailboats from the numbering requirements. 
Referred to Natural and Economic Resources and Wildlife Committee. 

May 17, 1985 



366 * SENATE JOURNAL [Session 

By Senators Marvin and Hunt of Moore: 

S. B. 693, a bill to allow the prosecution of the reputed father as well as the mother of an 
illegitimate child anytime before the child attains the age of eighteen years. 
Referred to Judiciary II Committee. 

By Senator Parnell: 

S. B. 694, a bill to appropriate funds for the restoration and preservation of the Rowland 
Depot. 
Referred to Appropriations Committee. 

By Senators Parnell and Smith: 

S. B. 695, a bill to reimburse counties for cost of caring for persons incarcerated under 
the Safe Roads Act. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 696, a bill to provide that an indigent defendant's competency evaluation report 
will not be forwarded to the district attorney. 
Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 

S. B. 697, a bill to appropriate funds for alternate means of dispute resolution. 
Referred to Appropriations Committee. 

By Senators Martin of Guilford, Harris, Redman, and Walker: 

S. B. 698, a bill to establish the Self-Reliance Pilot Project. 
Referred to Human Resources Committee. '■■ 

By Senators Martin of Guilford, Ezzell, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, McDuffie, Rand, Soles, Staton, Swain, Tally, 
Thomas of Henderson, Walker, Watt, and Woodard: 

S. B. 699, a bill regarding the indentification and labelHng of toxic and hazardous 
substances. 
Referred to Human Resources Committee. 

By Senator Martin of Guilford: - 

S. B. 700, a bill to provide that when a vote is challenged on account of residence, it shall 
be counted for offices that the voter was eligible to vote for. 
Referred to Election Laws Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 701, a bill to make unlawful the impersonation of county or State employees. 
Referred to Judiciary III Committee. 

By Senators Thomas of Henderson and Hipps: 

S. B. 702, a bill to appropriate funds for health educator positions. 
Referred to Appropriations Committee. 



May 17, 1985 



1985] SENATE JOURNAL 367 

By Senators Taft, Ballenger, Conder, Goldston, Guy, Harrington, Harris, Hunt of 
Durham, Hunt of Moore, Johnson of Wake, Kincaid, Martin of Guilford, McDuffie, 
Parnell, Plyler, Price, Rauch, Redman, Sawyer, Shaw, Simpson, Smith, Soles, Somers, 
Speed, Staton, Tally, Thomas of Craven, Walker, Ward, Woodard, and Wright: 

S. B. 703, a bill to create a North Carolina Medical Malpractice and Medical Liabihty 
Study Commission. 
Referred to Judiciary IV Committee. 

By Senator Ezzell: 

S. B. 704, a bill to appropriate funds to rehabilitate the former Nashville Baptist Church 
for use as the Nash County Cultural Center. 
Referred to Appropriations Committee. 

By Senators Sawyer, Martin of Guilford, Simpson, Somers, Taft, and Watt: 

S. B. 705, a bill to provide that judgments in personal injury actions shall bear interest 
from the date the cause of action accrues. 
Referred to Judiciary I Committee. 

By Senators Sawyer, Kincaid, Redman, Shaw, Smith, Somers, and Wright: 

S. B. 706, a bill to give parents access to certain instructional material and to protect 
students' privacy in examination, testing, or treatment. 
Referred to Education Committee. 

By Senator Conder: 

S. B. 707, a bill to authorize a procedure for units of government to borrow money up to 
one-half percent of the appraised value of property subject to taxation. 
Referred to Judiciary IV Committee. 

By Senator Conder: 

S. B. 708, a bill to amend G. S. 159-81(3) of the State and Local Government Revenue 
Bond Act to include cable television systems as a revenue bond project. 
Referred to State Government Committee. 

By Senator Conder: 

S. B. 709, a bill to amend the Constitution of North Carolina to repeal the authority of 
the General Assembly to authorize units of local government to contract debt without a 
vote of the people to the extent of two-thirds of net debt reduction in the preceding fiscal 
year and to substitute therefor authority to authorize such units to contract debt without a 
vote of the people to the extent of one-half percent of the appraised value of property 
subject to taxation by the unit. 

Referred to Judiciary IV Committee. 

By Senator Harris: 

S. B. 710, a bill making the larceny of a cat or a dog under certain circumstances a Class 
J felony. 

Referred to Judiciary III Committee. 



May 17, 1985 



368 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Guy, Hardison, Harrington, Hunt of Durham, Johnson 
of Wake, Marvin, Parnell, Rand, Rauch, Speed, Staton, Taft, Tally, Walker, Ward, 
Warren, Watt, Winner, and Woodard: 

S. B. 711, a bill to amend the Constitution of North Carolina to provide for election of 
statewide officials in the fall of the odd-numbered years. 
Referred to Judiciary IV Committee. 

By Senators Warren and Price: 

S. B. 712, a bill requiring repeal of existing regulatory provisions of law when new 
regulatory laws are enacted. 

Referred to Judiciary I Committee. 

By Senator Speed: 

S. B. 713, a bill to require that persons summoned to serve for grand jury service be 
notified of that fact. 
Referred to Judiciary III Committee. 

By Senators Plyler, Conder, Hardison, Hunt of Moore, Kaplan, Marvin, Rand, Taft, 
Tally, Ward, and Watt: 

S. B. 714, a bill creating the offense of dumping litter on private property. 
Referred to Judiciary IV Committee. 

By Senator Rand: 

S. B. 715, a bill to require that one member of the Courts Commission be a public 
defender. 
Referred to Judiciary IV Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees, for concurrence in the House amendment, which is 
placed on the Calendar for Monday, May 20. 

H. B. 365, a bill to conform the General Statute authorizing and establishing the 
optional retirement program to later action of the General Assembly with respect to tax 
treatment of State retirement contributions and structure of the University of North 
Carolina. 

Referred to Pensions and Retirement Committee. 

H. B. 488, a bill to provide for coverage under the State Property Fire Insurance Fund 
to be on a replacement cost basis instead of an actual cash value basis; and to reimburse 
local fire departments for protection of State property from the General Fund. 

Referred to Insurance Committee. 

H. B. 573, a bill to expand the extraterritorial planning jurisdiction of the Town of 
Knightdale, and to expand the limit on satellite annexations by that Town. 
Referred to Local Government and Regional Affairs Committee. 



May 17, 1985 



1985] SENATE JOURNAL 369 

H. B. 770, a bill to make the Secretary of Cultural Resources an ex officio member of the 
governing body of the North Carolina Art Society, Inc. 
Referred to State Government Committee. 

H. B. 780, a bill to clarify Section 96-29 of the Employment Security Law. 
Referred to Manufacturing and Labor Committee. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 247, an act to allow Rowan County to establish voting precincts without regard to 
township boundaries. (Ch. 193) 

S. B. 242, an act to require consent of the Cabarrus County Board of Commissioners 
before land in that County may be condemned or acquired by a unit of local government 
outside the County. (Ch. 194) 

S. B. 254, an act to allow the Town of Wake Forest to dispose of real property at private 
sale for the purpose of economic development. (Ch. 195) 

S. B. 255, an act to allow the Town of Wake Forest to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Commissioners. (Ch. 196) 

H. B. 483, an act to assure compliance of the North Carolina Employment Security Law 
with federal law. (Ch. 197) 

H. B. 505, an act to amend the school budget and fiscal control act concerning approval 
of expenditures some or all of which are to be paid in ensuing fiscal years. (Ch. 198) 

H. B. 649, an act making it a general misdemeanor to sell or give to a minor a shurikin, 
commonly known as a star. (Ch. 199) 

H. B. 754, an act to amend G. S. 20-7. 2(b) relating to compliance with 90-day failures. 
(Ch. 200) 

H. B. 427, an act to extend parental liability in motor vehicle cases to adult children. 
(Ch. 201) 

H. B. 476 (Committee Substitute), an act to aboHsh the Marine Resources Center 
Administrative Board, to reorganize the Marine Science Council, and to establish an 
Office of Marine Affairs. (Ch. 202) 

H. B. 511, an act to amend G. S. 108A-14 affecting the duties and responsibilities of 
county directors of social services. (Ch. 203) 

H. B. 525, an act to prohibit hunting on the land of another without his permission in 
Hoke County. (Ch. 204) 

H. B. 638 (Committee Substitute), an act to require prompt investigation of a report of 
juvenile abuse or neglect. (Ch. 205) 

H. B. 663, an act to amend G. S. 143B-153 to provide for adoption of rules by the Social 



May 17, 1985 



370 SENATE JOURNAL [Session 

Services Commission establishing standards for the inspection and licensing of domicil- 
iary homes. (Ch. 206) 

S. J. R. 558, a joint resolution providing for joint sessions of the Senate Committee on 
Commerce and the House Committee on Public Utilities to review the Governor's appoin- 
tees to the Utilities Commission and providing for a joint session or sessions of the Senate 
and House of Representatives to act on confirmation of the appointments made by the 
Governor to membership on the North Carolina UtiUties Commission. (Res. 12) 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 508, a bill to provide supplemental retirement funds for members of the City of 
Shelby Fire Department and to modify the application of G. S. 118-5, G. S. 118-6, and 
G. S. 118-7 to the City of Shelby. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 550, a bill to amend Chapter 767 of the 1983 Session Laws and relating to the 
purchase of credit in the Charlotte Firemen's Retirement System. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 599, a bill to establish a Supplemental Pension Fund for firemen in the City of 
Mayodan. 

On motion of Senator Marvin, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 270 (Committee Substitute), a bill to make clear that requests for admissions must 
be filed vdth the Clerk of Court. 

The Committee Substitute bill passes its second (electronically recorded) and third 
readings and is ordered sent to the House of Representatives. 

S. B. 420, a bill creating the criminal offense of felonious restraint. 
On motion of Senator Rand, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 521, a bill to provide for the simultaneous foreclosure of two or more deeds of trust 
secured by the same property. 

On motion of Senator Staton, consideration of the bill is postponed until Wednesday, 
May 22. 

H. B. 85, a bill to conform the North Carolina Rules of Civil Procedure to the federal 
rules with regard to abusive discovery practices. 

On motion of Senator Staton, consideration of the bill is postponed until Monday, 
May 20. 

S. B. 471, a bill to allow for appointment of additional registration commissioners, as 
amended, upon third reading. 



May 17, 1985 



1985] SENATE JOURNAL 371 

Senator Cobb offers Amendment No, 2 which fails of adoption (electronically recorded). 
The bill, as amended, passes its third reading (electronically recorded) and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 156 (Committee Substitute), a bill to amend Chapters 24 and 45 to provide for 
equity lines of credit, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendments No. 1 
and No. 2, and the Committee Substitute bill is ordered enrolled. 

S. B. 336, a bill to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North Carolina case law and as required by federal law, for 
concurrence in House Amendment No. 1. 

On motion of Senator Harris, the Senate concurs in House Amendment No. 1, and the 
bill is ordered enrolled. 

On motion of Senator Harrington, seconded by Senator Hunt of Durham, the Senate 
adjourns to meet Monday, May 20, at 8:15 P.M. 



SEVENTY-FIFTH DAY 



Senate Chamber, 
Monday, May 20, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by Dr. Norman E. Mitchell, Pastor, Mt. Gilead Baptist Church, 
Fayetteville, as follows: 

"Oh Lord, our Lord, how excellent is Thy Name in all the earth. Each of us acknowledge 
our unworthiness; yet with Thy Hand to direct, we face each day and each decision with a 
conscious awareness of Thy Presence. 

"Father, these who are in authority are thus planted through the love, confidence and 
trust of others; may they never lose sight of their obligations to these. 

"Yet, our dependent prayers for Your guidance will always steer to what is best for all. 
You, Father, were before us, present now, and hold the future and grant that each of us 
may never lose sight of our limited vision as we trust You for the future in our present 
decisions. 

"May the light of Thy peace and justice shine upon all men, all states, and all nations; and 
accept, Oh Lord, our intercessions for all mankind and those who receive it, live it to the 
fullest. 

"Bless each of these in authority over us and so rule their hearts that they maintain Thy 
true religion. 

"In Jesus' Name we pray. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of Friday has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



May 20, 1985 



372 SENATE JOURNAL [Session 

A leave of absence granted previously to Senator Johnson of Cabarrus is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 156 (Committee Substitute), an act to amend Chapters 24 and 45 to provide for 
equity lines of credit. (Ch. 207) 

S. B. 336, an act to amend G. S. 49-14 to allow the establishment of paternity until age 
eighteen in accordance with North Carolina case law and as required by federal law. 
(Ch. 208) 

H. B. 508, an act to provide supplemental retirement funds for members of the City of 
Shelby Fire Department and to modify the appUcation of G. S. 118-5, G. S. 118-6, and 
G. S. 118-7 to the City of Shelby. (Ch. 209) 

H. B. 550, an act to amend Chapter 767 of the 1983 Session Laws and relating to the 
purchase of credit in the Charlotte Firemen's Retirement System. (Ch. 210) 

H. B. 204, an act to provide better notice to persons whose voter registration is being 
purged for failure to vote. (Ch. 211) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: 

S. B. 716, a bill to permit municipalities bordering on the Atlantic Ocean to regulate 
sewer tie-ons within their corporate Hmits. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Basnight: 

S. B. 717, a bill to provide cleft palate coverage under the Teachers' and State 
Employees' Comprehensive Major Medical Plan as required of private insurers. 
Referred to Insurance Committee. 

By Senator Basnight: 

S. B. 718, a bill authorizing the Legislative Research Commission to study the market- 
ing of perishable food items and agricultural commodities. 
Referred to Rules and Operation of the Senate Committee. 

By Senator McDuffie: 

S. B. 719, a bill to amend the insurance laws concerning motor vehicle reinsurance 
facility recoupment. 

Referred to Insurance Committee. 

By Senators Hunt of Moore, Ballenger, Barnes, Conder, Ezzell, Guy, Hardison, 
Harris, Hipps, Hunt of Durham, Johnson of Wake, Kincaid, Martin of Guilford, Marvin, 



May 20, 1985 



1985] SENATE JOURNAL 373 

McDuffie, Parnell, Plyler, Price, Rand, Sawyer, Shaw, Simpson, Smith, Somers, Staton, 
Tally, Thomas of Henderson, Walker, Warren, Watt, Winner, Woodard, and Wright: 

Si B. 720, a bill to amend the pay out time and clarify the formula used to determine a 
distributive award made as an equitable distribution of marital property. 
Referred to Judiciary II Committee. 

By Senator Hunt of Moore: 

S. B. 721, a bill to clarify the statutes which prohibit unauthorized damage to railroads 
and their property. 
Referred to Judiciary II Committee. 

By Senator Redman: 

S. J. R. 722, a joint resolution honoring the life and memory of Herbert W. Sampsel. 
Referred to Rules and Operation of the Senate Committee. 

By Senator McDuffie: 

S. B. 723, a bill to require motor vehicle insurers to obtain and the Division of Motor 
Vehicles to provide at cost drivers' license records. 
Referred to Insurance Committee. 

By Senator Redman: 

S. B. 724, a bill to appropriate funds for the rehabilitation of the Statesville City Hall. 
Referred to Appropriations Committee. 

By Senator Rand: 

S. B. 725, a bill to permit a member of the Teachers' and State Employees' Retirement 
System and the Local Governmental Employees' Retirement System to purchase 
membership service credits for omitted contributions. 

Referred to Pensions and Retirement Committee. 

By Senators Rand and Taft: 

S. B. 726, a bill to abolish certain boards and commissions. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Rauch and Smith: 

S. B. 727, a bill to increase the reimbursement to the Department of Revenue for 
expenses incurred in collecting assessments on primary forest products. 
Referred to Finance Committee. 

By Senator Jordan: 

S. B. 728, a bill to reduce class size by one pupil per year for four years starting in fall 
1987. 
Referred to Education Committee. 

By Senator Hipps: 



May 20, 1985 



374 SENATE JOURNAL [Session 

S. B. 729, a bill to provide additional aggravating circumstances to be considered in 
sentencing persons convicted of capital felonies. 
Referred to Judiciary I Committee. 

By Senator Jordan: 

S. B. 730, a bill levying a sales tax on advertising for alcoholic beverages. 
Referred to Finance Committee. 

By Senators Jordan and Smith: ■ ^ 

S. B. 731, a bill to permit individuals aged 70 or over whose residence qualifies for the 
"Homestead Exemption" to defer payment of ad valorem tax on this property until the 
property is transferred. 

Referred to Finance Committee. 

By Senators Plyler and Conder: 

S. B. 732, a bill to appropriate capital funds to build a regional technical/vocational 
training center at Anson Technical College. 
Referred to Appropriations Committee. 

By Senator Rand: - 

S. B. 733, a bill making the recordation of jury selection proceedings in noncapital cases 
and of opening and closing arguments discretionary rather than mandatory. 
Referred to Judiciary IV Committee. 

By Senator Jordan: 

S. B. 734, a bill requiring all media articles to be signed. 
Referred to Judiciary IV Committee. 

By Senator Rand: 

S. B. 735, a bill to make attendance counselors school social workers. 

Referred to Education Committee. j \ 

By Senators Ward and Kaplan: 

S. B. 736, a bill to direct the State Board of Education to continue to develop and to 
implement a Career Development Pilot Program for certificated instructional personnel, 
instructional support personnel, and administrators in the public schools. 

Referred to Appropriations Committee. 

By Senators Winner, Cobb, Ezzell, Johnson of Wake, Sawyer, Simpson, Soles, Staton, 
andTaft: •, 

S. B. 737, a bill to exempt attorneys who are not engaged in the private practice of law 
and do not handle clients' funds from payment of the client security fund fee. 
Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S. B. 738, a bill to improve the regulation of insurance by making technical im- 
provements and increasing fees and penalties. 
Referred to Insurance Committee. 



May 20, 1985 



1985] SENATE JOURNAL 375 

By Senator Johnson of Wake: 

S. B. 739, a bill establishing a commission to study and recommend possible changes in 
the tax structure of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Wake: 

S. B. 740, a bill to provide an alternate procedure for holding good faith deposits with 
the State Treasurer. 

Referred to Finance Committee. 

By Senator Hardison: 

S. B. 741, a bill to adopt a comparative fault system. 
Referred to Judiciary IV Committee. 

By Senators Hardison and Warren: 

S. B. 742, a bill to clarify school board liability insurance coverage. 
Referred to Education Committee. 

By Senators Ward, Kaplan, Swain, and Winner: 

S. B. 743, a bill to appropriate funds for extension of the Microelectronics Com- 
munications System to Asheville and Winston-Salem. 
Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S. B. 744, a bill to grant community college status to Durham Technical Institute. 
Referred to Higher Education Committee. 

By Senator Ward: 

S. B. 745, a bill to appropriate funds to implement the on-the-job training components of 
the Quality Assurance Program. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S. B. 746, a bill to make a violation of the child restraint laws an infraction. 
Referred to Judiciary II Committee. 

By Senator Ballenger: 

S. B. 747, a bill creating the presumption that a vehicle from which litter was discarded 
was operated by the registered owner of the vehicle. 
Referred to Judiciary IV Committee. 

By Senator Ballenger: 

S. B. 748, a bill to appropriate funds to help rebuild the Hiddenite Center. 
Referred to Appropriations Committee. 

By Senator Hardison: j 



May 20, 1985 



376 SENATE JOURNAL [Session 

S. B. 749, a bill to raise thresholds for major medical equipment and new institutional 
health services above which a certificate of need is required. 
Referred to Human Resources Committee. 

By Senator Hardison: 

S. B. 750, a bill to exempt certain boilers and pressure vessels from provisions of the 
Uniform Boiler and Pressure Vessel Act. 
Referred to Manufacturing and Labor Committee. 

By Senator Watt: 

S. B. 751, a bill to provide for the investigation of certain crimes. 
Referred to Judiciary I Committee. 

By Senator Ballenger: 

S. B. 752, a bill to enable county boards of commissioners to extend and abolish county 
water and sewer districts. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ward: 

S. B. 753, a bill to permit governmental entities to receive refunds of sales taxes paid on 
utility purchases. 

Referred to Finance Committee. 

By Senator Watt: 

S. B. 754, a bill to provide that an injured worker may select his or her own physician for 
treatment provided under the Workers' Compensation Act. 
Referred to Manufacturing and Labor Committee. 

By Senator McDuffie: 

S. B. 755, a bill to require motor vehicle insurers to report property damage liability and 
physical damage insurance claims to the Division of Motor Vehicles. 
Referred to Insurance Committee. 

By Senator Jordan: 

S. B. 756, a bill to reduce indirect staff for pubUc schools by two percent per year for four 
years starting in fall 1987. 

Referred to Education Committee. 

By Senator Sawyer: 

S. B. 757, a bill to create the statutory offense of aiding and abetting a person driving 
while impaired. 

Referred to Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



May 20, 1985 



1985] SENATE JOURNAL 377 

H. B. 540 (Committee Substitute), a bill to require the Coastal Resources Commission 
to consider the use of adjacent waters before granting a permit under the Coastal Area 
Management Act. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B. 572 (Committee Substitute), a bill to revise and consoHdate the Charter of the 
Town of Apex and to repeal prior local acts. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 195 (Committee Substitute), a bill to amend G. S. 20-309 pertaining to financial 
responsibility prerequisite to registration. 

Senator Martin of Guilford offers Amendment No. 1 which is adopted (electronically 
recorded). 

The Committee Substitute bill, as amended, passes its second reading (electronically 
recorded). 

Senator Soles objects to the third reading of the Committee Substitute bill, as amended. 

Senator Soles subsequently withdraws his objection to third reading. 

The Committee Substitute bill, as amended, passes its third reading and is ordered 
engrossed and sent to the House of Representatives. 

S. B. 293, a bill to require health assessments for kindergarten children in the public 
schools. 

On motion of Senator Tally, Committee Amendment No. 1 is adopted. 

Senator Kaplan offers Amendment No. 2 which is adopted (electronically recorded). 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Woodard to its third reading, the bill, as amended, remains on 
the Calendar for further consideration upon third reading. 

S. J. R. 458, a joint resolution honoring Matthew Wilkes Brown and recognizing the 
importance of organ donations. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered, without objection, sent to the House of Representatives by special messenger. 

H. B. 85, a bill to conform the North CaroUna Rules of Civil Procedure to the federal 
rules with regard to abusive discovery practices. 

The bill passes its second reading (electronically recorded). 

Senator Winner objects to the third reading of the bill, as amended. 

On motion of Senator Staton, the bill, as amended, is placed on the Calendar for 
Thursday, May 23, for further consideration, upon third reading. 

H. B. 704 (Senate Committee Substitute), a bill to permit the drivers of antique cars not 
to display the current registration plate under certain circumstances. 

The Senate Committee Substitute bill passes its second (electronically recorded) and 
third readings and is ordered sent to the House of Representatives for concurrence in the 
Senate Committee Substitute bill. 

S. B. 385, a bill to insure the competitive selection of payroll deduction insurance 
products paid for by State employees, for concurrence in House Amendment No. 1. 



May 20, 1985 



378 SENATE JOURNAL [Session 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendment No. 1, 
and the bill is ordered enrolled. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H. J. R. 61, a joint resolution honoring the life and memory of William Frank Redding 
HI, former member of the General Assembly. 

On motion of Senator Walker, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

H. J. R. 781, a joint resolution honoring the life and memory of Cyrus Roby Garner, Sr. 

On motion of Senator Walker, the rules are suspended, and the joint resolution is placed 
before the Senate for immediate consideration. 

The joint resolution passes its second (electronically recorded) and third readings and is 
ordered enrolled. 

RE-REFERRAL 

H. B. 119, a bill to repeal the partial gasoUne and special fuels tax exemption for alcohol 
fuels. 

On motion of Senator Rauch, the bill is taken from the Calendar for Tuesday, May 21, 
and is placed on the Calendar for Thursday, May 23. 

The President recognizes the following pages serving in the Senate this week: W. Louis 
Bissette HI, Asheville; Kenneth Booker, Raleigh; Jennifer Leigh Bradley, Kings Moun- 
tain; Jason Tyler Brannon, Asheville; Brandon Michael Britt, Wilmington; Wende Faulk, 
Mount Holly; Jon Mark Galifianakis, Durham; Thomas Sloane Guy IV, Elkin; Debbie 
Hodges, Mount Holly; Melanie Starr Howell, Monroe; Tabe Kimzey, Raleigh; Amy Lynn 
McBride, Asheboro; Mark Norman McGinnis, Monroe; Jonathan Glenn Moore, Clayton; 
Sonya Michelle Rollins, Mount Holly; Jennifer Ann Rudisill, Stanley; Ricky L. Simpson, 
Garland; Kimberly Taylor, Seaboard; Victor Shane Wood, Raleigh; and Vincent Zane 
Wood, Raleigh. ,/■ 

On motion of Senator Harrington, seconded by Senator Parnell, the Senate adjourns to 
meet tomorrow, Tuesday, May 21, at 1:30 P.M. 



SEVENTY-SIXTH DAY 



Senate Chamber, 
Tuesday, May 21, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan III, Lieutenant Governor. 

Prayer is offered by the Honorable Helen Marvin, Senator from Gaston County, as 
follows: 



May 21, 1985 



1985] SENATE JOURNAL 379 

"Gracious Heavenly Father, help us to recognize that as elected officials of the people of 
North Carolina, we are responsible not only to our constituents but also to Thee. 

"Grant that the decisions that we make here today will glorify Thee and may be in the 
best interests of all the people of North Carolina. 

"Thank You. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Ezzell for today. 

A leave of absence granted previously to Senator Johnson of Cabarrus is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 209, an act to amend the General Statutes to provide express authorization for 
joint agencies to pledge, assign, mortgage or otherwise grant a security interest in any 
real or personal property or any interest therein. (Ch. 212) 

S. B. 385, an act to insure the competitive selection of payroll deduction insurance 
products paid for by State employees. (Ch. 213) 

H. B. 234 (Committee Substitute), an act to clarify interest relating to judgments and 
provide for interest on noncontract judgments regardless of insurance coverage. (Ch. 214) 

H. B. 674, an act to clarify and simpUfy the escheats and abandoned property statutes. 
(Ch. 215) 

S. J. R. 458, a joint resolution honoring Matthew Wilkes Brown and recognizing the 
importance of organ donations. (Res. 13) 

H. J. R. 61, a joint resolution honoring the life and memory of William Frank Redding 
HI, former member of the General Assembly. (Res. 14) 

H. J. R. 781, a joint resolution honoring the life and memory of Cyrus Roby Garner, Sr. 
(Res. 15) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Harrington for the Rules and Operation of the Senate Committee: 

S. B. 636, a bill to authorize the Legislative Research Commission to study local land 
use control policies affecting manufactured housing, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 



May 21, 1985 



380 SENATE JOURNAL [Session 

S. B. 637, a bill authorizing the establishment of a State Controller Study Commission 
to study the feasibility of establishing a State Controller, with a favorable report. 

On motion of Senator Harrington, the bill is re-referred to the Appropriations Com- 
mittee. 

H. B. 343, a bill to increase the State Board of Community Colleges, with a favorable 
report. 

S. J. R. 22, a joint resolution continuing the Legislative Research Commission Day- 
Care Study, with a favorable report, as amended. 

On motion of Senator Harrington, the rules are suspended and the joint resolution is 
placed before the Senate for immediate consideration, and on his further motion. Com- 
mittee Amendment No. 1 is adopted. 

The joint resolution, as amended, is ordered engrossed and re-referred to the Appro- 
priations Committee. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 472, a bill to extend for two years the time for compliance by insurers with capital 
and/or surplus requirements for formation of insurance companies, with a favorable 
report. 

By Senator Walker ( Vice-Chairman) for the Local Government and Regional Affairs 
Committee: 

H. B. 362, a bill amending the Asheville Charter concerning the voting rights of the 
mayor, with a favorable report. 

H. B. 383, a bill to enlarge the amount of land which may be condemned for school sites 
by the Charlotte-Mecklenburg County Schools, with a favorable report. 

H. B. 386, a bill to amend the Charter of the Town of Garner to permit the collection of 
money instead of requiring land dedication for recreational purposes and for sidewalks, 
with a favorable report. 

H. B. 395, a bill to revise the Charter of the Town of Hookerton, with a favorable report. 

H. B. 424, a bill to allow the Burke County Board of Education to build a school on land 
leased from the State, with a favorable report. 

H. B. 430, a bill to permit vehicles operated by Macon County emergency medical 
service personnel to have red lights, with a favorable report. 

H. B. 431, a bill to correct the qualification and term of Alamance County Board of 
Education members, with a favorable report. 

H. B. 439, a bill to permit certain nonstudents to ride on school buses in Yadkin County, 
with a favorable report. 

H. B. 472, a bill to authorize the Town of Ahoskie to join in conveyance of industrial 
development corporation property, with a favorable report. 

H. B. 478, a bill to provide that vacancies in the Yadkin County Board of Education shall 
be filled until the next election, with a favorable report. ^^ 



May 21, 1985 



1985] SENATE JOURNAL 381 

H. B. 538, a bill to authorize an election in the Ellenboro Fire Protection District in 
Rutherford County, with a favorable report. 

H. B. 560, a bill to abolish the Office of Coroner in New Hanover County, with a 
favorable report. 

H. B. 561, a bill to amend the Charter of the City of Wilmington concerning the City tax 
collector, with a favorable report. 

H. B. 563, a bill to provide for judicial review of decisions of the City of Wilmington in 
granting or denying approval of subdivision plats, with a favorable report. 

H. B. 602, a bill to authorize Macon County to impose fees for fire protection based on 
the value of improvements to real property, with a favorable report. 

H. B. 627, a bill to permit Onslow County and the cities located there to regulate 
abandoned, junked vehicles for aesthetic purposes, with a favorable report. 

H. B. 633, a bill to allow the Balden and Wake Counties Board of Commissioners to 
reduce the petition requirement for annexation to a fire district, with a favorable report. 

H. B. 360, a bill to require that when condemned land is no longer needed it shall first be 
offered to the owner from whom it was purchased, with a favorable report, as amended. 

H. B. 637, a bill to authorize the City Council of the City of Kinston and the Board of 
County Commissioners of Lenoir County to create and fix the powers of the Lenoir 
County Development Commission and to appropriate funds for the expenses thereof, with 
a favorable report, as amended. 

S. B. 230, a bill to amend provisions concerning compensation of local Board of Health 
members, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Walker, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 230 (Committee Substitute), a bill to amend 
provisions concerning compensation of members of local Boards of Health and Boards of 
Social Services, is placed before the Senate for immediate consideration. 

On motion of Senator Walker, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 24. 

By Senator Staton for the Judiciary II Committee: 

H. B. 783, a bill to cross-refer in the adoption statutes to G. S. 14-820 regarding the 
separation of a child under six months old from a custodial parent as recommended by the 
General Statutes Commission and to make a clarifying amendment, with a favorable 
report. 

S. B. 598, a bill to provide that claims against decedents' estates may be presented by 
registered or certified mail, return receipt requested, with a favorable report, as 
amended. 

By Senator Swain for the Judiciary III Committee; 

S. B. 123, a bill to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board, with a 
favorable report as to concurrence. 



May 21, 1985 



382 SENATE JOURNAL [Session 

S. B. 507, a bill to prohibit obtaining housing assistance by misrepresentation, with a 
favorable report. 

S. B. 547, a bill to discontinue the insurance requirement for licensees of the Private 
Protective Services Board due to the creation of the Private Protective Services Recov- 
ery Fund, with a favorable report. 

S. B. 548, a bill to incorporate technical amendments into the Private Protective 
Services Act, with a favorable report. 
On motion of Senator Swain, the bill is re-referred to the Finance Committee. 

S. B. 584, a bill to provide for interest to run on workers' compensation awards in cases 
of appeals, with a favorable report. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 416, a bill to strengthen the rape shield evidence rule by making it clear that it 
applies to all offenses being tried at the same time as the rape or sex offense charge, with a 
favorable report. 

S. B. 642, a bill to repeal reciprocity requirements on inheritance rights of aliens, with a 
favorable report. 

H. B. 771, a bill to permit cities and counties to provide services through contracts with 
private agencies with a favorable report, as amended. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Thomas of Craven: 

S. B. 758, a bill to appropriate funds for irrigation for agricultural research stations. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 759, a bill to appropriate funds for the Trent River Railroad Bridge replacement. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: 

S. B. 760, a bill directing the Joint Legislative Commission on Governmental Op- 
erations to oversee the State's employment and training programs. 

On motion of Senator Thomas of Craven, the bill is held as filed. , . 

By Senator Plyler: 

S. B. 761, a bill to appropriate funds to the Department of Administration for the 
Capital Planning Commission and three positions in the State Building Division. 
Referred to Appropriations Committee. 

By Senator Thomas of Craven: • 



May 21, 1985 



1985] SENATE JOURNAL 383 

S. B. 762, a bill to establish the North Carolina Employment and Training Act. 
On motion of Senator Thomas of Craven, the bill is held as filed. 

By Senator Thomas of Craven: 

S. B. 763, a bill to create a special commission to study the non-highway expenditures 
from the Highway Fund. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Rauch and Smith: 

S. B. 764, a bill to equalize the property tax burden on an annual basis. 
Referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 39 (Committee Substitute No. 2), a bill to make the use of seat belts in motor 
vehicles mandatory, for concurrence in House Amendments No. 1 and No. 2, which is 
placed on the Calendar for tomorrow, May 22. 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, for concurrence in House Amendment 
No. 1, which is placed on the Calendar for tomorrow, May 22. 

H. B. 306, a bill to amend Article V of the Constitution of North Carolina to permit the 
General Assembly to grant to appropriate public bodies in the State additional powers to 
develop new and existing seaports and airports, including powers to finance and refinance 
for public and private parties seaport and airport and related facilities and improvements. 

Referred to Judiciary IV Committee. 

H. B. 372 (Committee Substitute), a bill to amend G. S. 130 A-5 to authorize the 
Secretary to review and examine privileged patient medical records and to declare all 
privileged patient medical records in the possession of the Department of Human Re- 
sources and local health departments to be confidential. 

Referred to Human Resources Committee. 

H. B. 379, a bill to allow actions involving up to one thousand five hundred dollars to be 
filed as small claims. 
Referred to Judiciary II Committee. 

H. B. 434, a bill to revise and consolidate the Charter of the Town of Hillsborough. 
Referred to Local Government and Regional Affairs Committee. 

H. B. 503, a bill to allow the City of Concord to enter into leases of up to twenty years 
without bid, and to clarify financing available to the City and its Board of Light and Water 
Commissioners. 

Referred to Local Government and Regional Affairs Committee. 

H; B. 791, a bill to eliminate conflict in the statutes concerning vacancies in municipal 
and special district elective offices. 
Referred to Election Laws Committee. 



May 21, 1985 



384 SENATE JOURNAL [Session 

H. B. 836, a bill to regulate public health pharmacy practice. 
Referred to Human Resources Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S. B. 473, a bill to remove the limitation on legal service benefits payable to motor club 
members. 

On motion of Senator Ballenger, consideration of the bill is postponed until Tuesday, 
May 28. ; 

H. B. 12, a bill regarding a certificate of resale. 

On motion of Senator Rauch, the bill is re-referred to the Appropriations Committee. 

H. B. 71 (Committee Substitute), a bill to allow counties to issue voter registration 
cards, and set minimum standards for such cards. 

On motion of Senator Kaplan, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (electronically recorded) 
and third readings and is ordered sent to the House of Representatives for concurrence in 
Senate Amendment No. 1. 

S. B. 293, a bill to require health assessments for kindergarten children in the pubHc 
schools, as amended, upon third reading. 

On motion of Senator Tally, consideration of the bill, as amended, is postponed until 
Thursday, May 80. 

H. B. 346, a bill to require that when names are affixed to discharges and releases of 
deeds of trust or other instruments the names be printed or typed so as to be legible, upon 
third reading. 

The bill passes its third reading (electronically recorded) and is ordered enrolled. 

S. B. 154 (Committee Substitute), a bill to amend the Constitution to allow a county to 
exempt, in full or in part, inventories of manufacturers, wholesalers, and retailers from 
property taxes imposed by that county and the local governmental units located in the 
county, as amended, upon third reading. 

Senator Winner offers Amendment No. 3, changing the title to read, S. B. 154, a bill to 
amend the Constitution to allow a county to exempt inventories from property taxes 
imposed by that county and the local governmental units located in the county, which fails 
of adoption (electronically recorded). 

Senator Sawyer offers Amendment No. 4, changing the title to read, S. B. 154, a bill to 
call an advisory referendum on the question of allowing businesses an income tax credit for 
inventory taxes. 

Senator Harris offers a motion, seconded by Senator Royall, that Amendment No. 4 do 
lie upon the table, which motion prevails (electronically recorded), and Amendment No. 4 
lies upon the table. 

The Chair recognizes Senator Sawyer who inquires if Senator Thomas of Henderson, 
sponsor of the measure, will yield to a question, whereupon the Senator from Henderson 
yields and calls the previous question, duly seconded. 

Senator Sawyer rises to a point of order as the member awarded the floor. The Chair 
rules that Senator Sawyer relinquishes the floor to Senator Thomas of Henderson when 



May 21, 1985 



1985] SENATE JOURNAL 385 

directing the question to him and fails to sustain the point of order, reversing an earUer 
ruling. The call for the previous question is sustained (electronically recorded.) 

The Committee Substitute bill, as amended, passes its third reading by roll-call vote, 
ayes 32, noes 14, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Conder, Goldston, Guy, Hardi- 
son, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Jordan, Kaplan, Martin of Guilford, Marvin, Parnell, Plyler, Rand, Rauch, Royall, Soles, 
Staton, Swain, Tally, Thomas of Craven, Thomas of Henderson, Walker, Ward, Warren, 
Winner, and Woodard — 32. 

Voting in the negative: Senators Ballenger, Cobb, Kincaid, Martin of Pitt, Price, 
Redman, Sawyer, Shaw, Simpson, Smith, Somers, Taft, Watt, and Wright — 14. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the House 
of Representatives. 

On motion of Senator Harrington, seconded by Senator Basnight, the Senate adjourns 
to meet tomorrow, Wednesday, May 22, at 1:30 P.M. 



SEVENTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, May 22, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B, Jordan HI, Lieutenant Governor. 

Prayer is offered by Dr. F. Belton Joyner, Jr., Trinity United Methodist Church, 
Durham, as follows: 

"Almighty God, unto Whom all hearts are open, all desires are known, and from Whom 
no secrets are hid, we praise You for the marks and signs of Your Presence in our midst. 
We are grateful when we have a glimpse of love. We are thankful when we see the opening 
rays of a day of justice. We rejoice when the wind of truth can blow away the deceits with 
which we fool ourselves. 

"Forgive us, Lord, when we grow accustomed to those things that separate us. Forgive 
us. Lord, when we enjoy the things that divide us. Forgive us, Lord, when the world 
becomes so easily 'us' and 'them.' 

"Move us toward differences that matter. Grant us openness toward the future You 
would give us. Keep us in such watchful care that we take these responsibilities with joy 
and peace. 

"And now accept the offerings we make of thought, and word, and deed, so that in all 
things we may be pleasing in Your sight, and so that in all things we can be healing for 
Your children. Receive us as Your instruments in a world that hurts, even as you have 
hurt for us. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 



May 22, 1985 



386 SENATE JOURNAL [Session 

A leave of absence granted previously to Senator Johnson of Cabarrus is noted. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 147 (Committee Substitute), an act to provide for the voluntary registration and 
dedication of natural areas. (Ch. 216) 

S. B. 281, an act to allow the Town of Nashville to exercise extraterritorial planning 
powers up to two miles from the corporate limits with the approval of the County Board of 
Commissioners. (Ch. 217) 

H. B. 81 (Committee Substitute), an act to reenact the North CaroHna child passenger 
restraint law. (Ch. 218) 

H. B. 346, an act to require that when names are affixed to discharges and releases 
of deeds of trust or other instruments the names be printed or typed so as to be legible. 
(Ch. 219) 

H. B. 526, an act to regulate hunting with rifles in Hoke County. (Ch. 220) 

H. B. 723, an act to amend the North Carolina Uniform Commercial Code. (Ch. 221) 

RE-REFERRAL 

S. J. R. 329, a joint resolution directing the State Personnel Commission to study the 
State Personnel Act and to design changes to give professional State employees the 
protection and security from political pressures they deserve and establish a senior 
executive service. 

On motion of Senator Guy, the rules are suspended and the bill is taken from the State 
Government Committee and re-referred to the Rules and Operation of the Senate 
Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Guy for the State Government Committee: 

H. B. 752 (Committee Substitute), a bill authorizing tour boats to hold ABC permits, 
with a favorable report. 

By Senator Kaplan for the Election Laws Committee: 

S. B. 429, a bill to allow candidates to use familiar names on the ballot in certain 
circumstances, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Kaplan, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 429, a bill to allow candidates to use nicknames 
on the ballot in certain circumstances, is placed before the Senate for immediate con- 
sideration. 



May 22, 1985 



1985] SENATE JOURNAL 387 

On motion of Senator Kaplan, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 24. 

S. B. 624, a bill to increase the percentage of signatures required to call an alcoholic 
beverage election, with a favorable report. 

By Senator Speed for the Agriculture Committee: 

H. B. 821, a bill to ban the addition of sulfiting agents to certain foods, with a favorable 
report. 

By Senator Soles for the Judiciary IV Committee: 

S. B. 593, a bill to amend the General Statutes to provide that any action, suit or 
proceeding which relates to any bonds issued under Chapter 159B or to any security for 
said bonds must be tried in the Superior Court of Wake County, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his further 
motion is placed on the Calendar for Friday, May 24. 

By Senator Harris for the Human Resources Committee: 

S. B. 559, a bill to require that the Department of Human Resources study the issue of 
revision of minimum standards for the construction and operation of local jails, with a 
favorable report. 

H. B. 272, a bill to increase certain fees collected by the Board of Mortuary Science, 
with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Finance Committee. 

S. B. 266, a bill to make technical changes and to amend the CON Statute, with a 
favorable report, as amended. 

S. B. 337, a bill to amend the application fee and cost recovery provisions of 
G. S. 110-130.1 regarding non-AFDC services, with a favorable report, as amended. 

On motion of Senator Harris, the rules are suspended and the bill is placed before the 
Senate for immediate consideration and on his further motion, Committee Amendment 
No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Committee. 

S. B. 207, a bill to clarify rule-making authority under the North Carolina Drinking 
Water Act, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Harris, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 207, a bill to amend G. S. 130A-315 of the 
Drinking Water Act to authorize regulations on adequacy of the water supply, is placed 
before the Senate for immediate consideration. 

On motion of Senator Harris, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 24. 

By Senator Rauch for the Finance Committee: 



May 22, 1985 



388 SENATE JOURNAL [Session 

S. B. 265, a bill to authorize the State Registrar to retain overpayments of two dollars or 
less unless the payor requests a refund, with a favorable report. 

H. B. 371, a bill to increase the fee for a record search or for a copy of a vital record, with 
a favorable report. 

H, B. 635, a bill to permit Burke County to use revenue received from one-half percent 
local sales and use taxes for any public purpose, with a favorable report. 

H. B. 742, a bill to permit the Secretary of Revenue to delegate the authority to hold 
hearings required or allowed under Chapter 105, Taxation, with a favorable report. 

H. B. 57 (Committee Substitute), a bill to modify the definition of utility for purposes of 
imposing sales tax on certain utility services and to allow all municipalities or State 
agencies that sell electricity or piped natural gas a three percent (3%) deduction on their 
markup, with a favorable report, as amended. 

S. B. 413, a bill to amend the law relating to penalties for violation of the revenue laws, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Rauch, the rules are suspended and the Committee Substitute bill 
is placed before the Senate for immediate consideration. 

On motion of Senator Rauch, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Friday, May 24. 

By Senator Johnson of Wake for the Insurance Committee: 

S. B. 625, a bill to amend the fire protection laws, with a favorable report, as amended. 
On motion of Senator Johnson of Wake, the bill, as amended, is placed on the Calendar 
for Friday, May 24. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ballenger: / r ' ' 

S. B. 765, a bill to appropriate funds to the Western Piedmont Symphony of Hickory. 
Referred to Appropriations Committee. 

By Senators Plyler, Conder, Goldston, Hardison, Kaplan, Rand, and Winner: 

S. B. 766, a bill to appropriate funds for the construction of a building to house the 
Museum of History, the Capitol Area Visitor Center, and a cafeteria. 
Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S. B. 263, a bill creating a bird sanctuary at Lake Tabor in Columbus County, for 
concurrence in House Amendment No. 1, which is placed on the Calendar for tomorrow, 
May 23. 



May 22, 1985 



1985] SENATE JOURNAL 389 

H. B. Ill (Committee Substitute), a bill to establish the title to certain lands raised 
from navigable waters. 

Referred to Judiciary IV Committee. 

H. B. 113, a bill to vahdate conveyances of certain marshlands by the State. 
Referred to Judiciary IV Committee. 

H. B. 114 (Committee Substitute), a bill to provide that claims to land under navigable 
waters may be litigated in Superior Court. 
Referred to Judiciary IV Committee. 

H. B. 115, a bill to permit resolution of claims to shellfish beds by issuing a shellfish 
lease. 
Referred to Judiciary IV Committee. 

H. B. 628, a bill to make amendments in the statute regarding ocean piers and trash 
fishing. 

Referred to Natural and Economic Resources and Wildlife Committee. 

H. B . 800, a bill to provide that a letter returned because the person no longer lives at an 
address shall not be admissible evidence in a challenge made on the day of a primary or 
election. 

Referred to Election Laws Committee, 

H. J. R. 865, a joint resolution to establish the procedure for nominating and electing 
members of the Board of Governors of the University of North Carolina. 
Referred to Select Committee on University Board of Governors. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H. B. 386, a bill to amend the Charter of the Town of Garner to permit the collection of 
money instead of requiring land dedication for recreational purposes and for sidewalks, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Jordan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, 
Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, 
Speed, Staton, Swain, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Winner, Woodard, and Wright — 43. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B, 395, a bill to revise the Charter of the Town of Hookerton, upon second reading. 
The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 
Voting in the affirmative: Senators Ballenger, Barnes, Basnight, Cobb, Conder, Gold- 
ston, Guy, Hardison, Harrington, Harris, Hipps, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Jordan, Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, 
Parnell, Plyler, Price, Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, Somers, 
Speed, Staton, Swain, Taft, Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, 
Winner, Woodard, and Wright — 44. 



May 22, 1985 



390 SENATE JOURNAL [Session 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 538, a bill to authorize an election in the Ellenboro Fire Protection District in 
Rutherford County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 39, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Goldston, Hardi- 
son, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, Kaplan, 
Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Plyler, Price, Rauch, Redman, 
Royall, Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Swain, Taft, Tally, Walker, 
Ward, Warren, Watt, Winner, Woodard, and Wright — 39. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 602, a bill to authorize Macon County to impose fees for fire protection based on 
the value of improvements to real property, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Goldston, Guy, 
Hardison, Harris, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, 
Kaplan, Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Plyler, Price, 
Rauch, Redman, Royall, Sawyer, Shaw, Smith, Soles, Somers, Speed, Staton, Taft, 
Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 41. 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 633, a bill to allow the Bladen and Wake Counties Board of Commissioners to 
reduce the petition requirement for annexation to a fire district, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Ballenger, Barnes, Cobb, Conder, Goldston, Guy, 
Hardison, Hipps, Hunt of Durham, Hunt of Moore, Johnson of Wake, Jordan, Kaplan, 
Kincaid, Martin of Guilford, Martin of Pitt, Marvin, Parnell, Price, Rauch, Redman, 
Royall, Sawyer, Shaw, Simpson, Smith, Soles, Somers, Speed, Staton, Swain, Taft, 
Tally, Thomas of Henderson, Walker, Ward, Warren, Watt, Winner, Woodard, and 
Wright— 41. ' 

Voting in the negative: None. 

The bill remains on the Calendar for further consideration upon third reading. 

H. B. 360, a bill to require that when condemned land is no longer needed it shall first be 
offered to the owner from whom it was purchased. 

On motion of Senator Price, Committee Amendments No. 1 and No. 2 are adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendments 
No. 1 and No. 2. 

H. B. 362, a bill amending the Asheville Charter concerning the voting rights of the 
mayor. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 383, a bill to enlarge the amount of land which may be condemned for school sites 
by the Charlotte-Mecklenburg County Schools. 



May 22, 1985 



1985] SENATE JOURNAL 391 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 424, a bill to allow the Burke County Board of Education to build a school on land 
leased from the State. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 430, a bill to permit vehicles operated by Macon County emergency medical 
service personnel to have red lights. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 431, a bill to correct the qualification and term of Alamance County Board of 
Education members. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 439, a bill to permit certain nonstudents to ride on school buses in Yadkin County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
t-nrolled. 

H. B. 472, a bill to authorize the Town of Ahoskie to join in conveyance of industrial 
development corporation property. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 478, a bill to provide that vacancies in the Yadkin County Board of Education shall 
be filled until the next election. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B, 560, a bill to abohsh the Office of Coroner in New Hanover County. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 561, a bill to amend the Charter of the City of Wilmington concerning the City tax 
collector. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 563, a bill to provide for judicial review of decisions of the City of Wilmington in 
granting or denying approval of subdivision plats. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 627, a bill to permit Onslow County and the cities located there to regulate 
abandoned, junked vehicles for aesthetic purposes. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 637, a bill to authorize the City Council of the City of Kinston and the Board of 
County Commissioners of Lenoir County to create and fix the powers of the Lenoir 
County Development Commission and to appropriate funds for the expenses thereof. 



May 22, 1985 



392 SENATE JOURNAL [Session 

On motion of Senator Hardison, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

S. B. 642, a bill to repeal reciprocity requirements on inheritance rights of aliens. 
On motion of Senator Soles, the bill is recommitted to the Judiciary IV Committee. 

S. B. 416, a bill to strengthen the rape shield evidence rule by making it clear that it 
applies to all offenses being tried at the same time as the rape or sex offense charge. 

The bill passes its second reading (electronically recorded). 

On objection of Senator Sv^ain to its third reading, the bill remains on the Calendar for 
further consideration upon third reading. - . 

S. B. 472, a bill to extend for two years the time for compHance by insurers with capital 
and/or surplus requirements for formation of insurance companies. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 507, a bill to prohibit obtaining housing assistance by misrepresentation. 
The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 521, a bill to provide for the simultaneous foreclosure of two or more deeds of trust 
secured by the same property. 

Senator Barnes offers Amendment No. 1 which is adopted (electronically recorded). 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered engrossed and sent to the House of Representatives. 

S. B. 547, a bill to discontinue the insurance requirement for licensees of the Private 
Protective Services Board due to the creation of the Private Protective Services Recov- 
ery Fund. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 584, a bill to provide for interest to run on workers' compensation awards in cases 
of appeals. 

The bill passes its second (electronically recorded) and third readings and is ordered 
sent to the House of Representatives. 

S. B. 598, a bill to provide that claims against decedents' estates may be presented by 
registered or certified mail, return receipt requested. 

On motion of Senator Staton, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (electronically recorded). 

On objection of Senator Winner to its third reading, the bill, as amended, remains on the 
Calendar for further consideration upon third reading. 

H. B. 343, a bill to increase the State Board of Community Colleges. 
The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

H. B. 771, a bill to permit cities and counties to provide public services through 
contracts with private agencies. 



May 22, 1985 



1985] SENATE JOURNAL 393 

On motion of Senator Soles, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (electronically recorded) and third readings and 
is ordered sent to the House of Representatives for concurrence in Senate Amendment 
No. 1. 

H. B. 783, a bill to cross-refer in the adoption statutes to G. S. 14-320 regarding the 
separation of a child under six months old from a custodial parent as recommended by the 
General Statutes Commission and to make a clarifying amendment. 

The bill passes its second (electronically recorded) and third readings and is ordered 
enrolled. 

S. B. 39 (Committee Substitute No. 2), a bill to make the use of seat belts in motor 
vehicles mandatory, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Warren, the Senate concurs in House Amendments No. 1 and 
No. 2, and the bill is ordered enrolled. 

S. B. 123, a bill to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board, chang- 
ing the title upon concurrence to read, S. B. 123, a bill to continue the North Carolina 
Marital and Family Certification Act and the North CaroHna Marital and Family Therapy 
Certification Board and change the penalty for violation of the Act, for concurrence in 
House Amendment No. 1. 

On motion of Senator Harris, the Senate concurs in House Amendment No. 1, and the 
bill is ordered enrolled. 

S. B. 211, a bill to amend the General Statutes to provide express authorization for joint 
agencies and joint municipal assistance agencies to provide for the defense of and in- 
demnify commissioners, officers or employees, for concurrence in House Amendment 
No. 1. 

On motion of Senator Rauch, the Senate concurs in House Amendment No. 1, and the 
bill is ordered enrolled. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H. B. 279, a bill to permit the State Board of Examiners of Electrical Contractors to 
collect an examination review fee. 
Referred to Finance Committee. 

H. B. 749, a bill to clarify Chapter 36A regarding the investment by a trustee in United 
States government obUgations. 
Referred to Judiciary I Committee. 

H. B. 837, a bill to make further technical changes in the election laws. 
Referred to Election Laws Committee. 

H. B. 893, a bill to provide for discretionary substitution of a trustee named in a 
mortgage or deed of trust. 

Referred to Judiciary II Committee. 



May 22, 1985 



394 SENATE JOURNAL [Session 

On motion of Senator Harrington, seconded by Senator Martin of Pitt, the Senate 
adjourns to meet tomorrow, Thursday, May 23, at 1:30 P.M. 



SEVENTY-EIGHTH DAY 



Senate Chamber, 
Thursday, May 23, 1985. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Robert B. Jordan HI, Lieutenant Governor. 

Prayer is offered by the Reverend Robert L. Baldridge, Associate Director for Chris- 
tian Nurture and Leadership Development, Council on Ministries of the North Carolina 
Conference of the United Methodist Church, Raleigh, as follows: 

"0 God, the Giver of all good gifts, we pause to offer thanks — for this day — for this 
life — for health — for our family — for our larger family of friends and co-workers — and for 
all opportunities to serve others. 

"But when we think of the responsibilities of life, we are overwhelmed. So many people 
look to us for help. The demands of stewardship weigh heavily upon us. The pressures of 
the office are tremendous. Indeed, it would be too much to bear if we had to bear it alone. 

"0 God, remind us of all who stand by us in our work. Remind us of that great cloud of 
witnesses who have given their lives in service to others. Their example is a source of 
constant support. And, above all, remind us that You never leave us alone. We can never 
get out of Your love and care, concern, and support. All this we would remember as we 
begin this session. Thanks be to You, God, for You are our God. Amen." 

Senator Harrington for the Rules and Operation of the Senate Committee announces 
that the Journal of yesterday has been examined and is found to be correct. On his motion, 
the Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Price for today. A leave of absence 
granted previously to Senator Johnson of Cabarrus is noted. 

The President extends courtesies of the floor to Miss Francesca Adler, Miss North 
Carolina, who approaches the Well of the Senate and addresses the membership. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S. B. 39, (Committee Substitute No. 2), an act to make the use of seat belts in motor 
vehicles mandatory. (Ch, 222) 

S. B. 123, an act to continue the North Carolina Marital and Family Therapy Certifica- 
tion Act and the North Carolina Marital and Family Therapy Certification Board and 
change the penalty for violation of the Act. (Ch. 223) 

S. B. 174, an act to amend G. S. 54B-147 concerning the fee which may be charged for 
returned checks by savings and loan associations. (Ch. 224) 



May 23, 1985 



1985] SENATE JOURNAL 395 

S. B. 211, an act to amend the General Statutes to provide express authorization for 
joint agencies and joint municipal assistance agencies to provide for the defense of and 
indemnify commissioners, officers or employees. (Ch. 225) 

H. B. 253, (Senate Committee Substitute), an act to make technical changes in the law 
regarding the correctional system, (Ch. 226) 

H. B. 343, an act to increase the State Board of Community Colleges. (Ch. 227) 

H. B. 362, an act amending the Asheville Charter concerning the voting rights of the 
mayor. (Ch. 228) 

H. B. 383, an act to enlarge the amount of land which may be condemned for school sites 
by the Charlotte-Mecklenburg County Schools. (Ch. 229) 

H. B. 424, an act to allow the Burke County Board of Education to build a school on land 
leased from the State. (Ch. 230) 

H. B. 430. an act to permit vehicles operated by Macon County emergency medical 
service personnel to have red lights. (Ch. 231) 

H. B. 431, an act to correct the qualification and term of Alamance County Board of 
Education members. (Ch. 232) 

H. B. 439, an act to permit certain nonstudents to ride on school buses in Yadkin 
County. (Ch. 233) 

H. B. 472, an act to authorize the Town of Ahoskie to join in conveyance of industrial 
development corporation property. (Ch. 234) 

H. B. 478, an act to provide that vacancies in the Yadkin County Board of Education 
shall be filled until the next election. (Ch. 235) 

H. B. 560, an act to abolish the Office of Coroner in New Hanover County. (Ch. 236) 

H. B. 561, an act to amend the Charter of the City of Wilmington concerning the City 
tax collector. (Ch. 237) 

H. B. 563, an act to provide for judicial review of decisions of the City of Wilmington in 
granting or denying approval of subdivision plats. (Ch. 238) 

H. B. 627, an act to permit Onslow County and the cities located there to regulate 
abandoned junked vehicles for aesthetic purposes. (Ch. 239) 

H. B. 783, an act to cross-refer in the adoption statutes to G. S. 14-320 regarding the 
separation of a child under six months old from a custodial parent as recommended by the 
General Statutes Commission and to make a clarifying amendment. (Ch. 240) 

S. B. 160, an act to clarify the governing bodies required to provide annual certification 
or firemen eligible for membership in the North Carolina Firemen's and Rescue Squad 
Workers' Pension Fund. (Ch. 241) 

S. B. 179, an act to prohibit the Board of Mortuary Science from issuing special permits 
or courtesy cards to nonresident funeral directors, embalmers, and funeral service 
licensees from states that do not reciprocate. (Ch. 242) 



May 23, 1985 



396 SENATE JOURNAL [Session 

S. B. 210, an act to authorize municipalities to name up to two alternate commissioners 
to a joint agency and a joint municipal assistance agency. (Ch. 243) 

S. B. 341, an act to provide for alternative arrangements for local program administra- 
tion. (Ch. 244) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them and take their place on the Calendar as 
follows: 

By Senator Plyler for the Appropriations Committee: 

H. B. 303, a bill to restore to the Governor power to prepare and administer the budgets 
of the State Treasurer, State Auditor, and Administrative Officer of the Courts, with a 
favorable report, as amended. 

By Senator Warren for the Transportation Committee: 

H. B. 269, a bill to amend G. S. 20-288 (e) relating to dealer bonds, with a favorable 
report. 

H. B. 769, a bill to modify the procedure for the delivery of temporary registration 
certificates for motor vehicles, with a favorable report. 

H. B. 801, a bill authorizing the Department of Transportation to use aviation grant 
funds for all direct and indirect costs of administering airport grant projects, with a 
favorable report. 

By Senator Marvin for the Pensions and Retirement Committee: 

S. B. 220, a bill to increase the defined benefit formula accrual rate in the Teachers' and 
State Employees' Retirement System from one and fifty-seven hundredths percent to one 
and sixty hundredths percent for both active and retired members commencing on and 
after July 1, 1985; to increase death benefit from twenty thousand dollars to thirty 
thousand dollars and other changes affecting sick leave and survivor's alternate benefit, 
with a favorable report. 

On motion of Senator Marvin, the bill is re-referred to the Appropriations Committee. 

S. B. 410, a bill to provide equitable retirement and other fringe benefits to law 
enforcement officers employed by local governments and to make appropriations, with a 
favorable report. 

On motion of Senator Marvin, the bill is re-referred to the Appropriations Committee. 

By Senator Swain for the Judiciary III Committee: 

H. B. 356, a bill to require a judicial official to state the reason (s) for requiring a secured 
bail bond as a condition of pretrial release, with an unfavorable report. 

S. B. 605, a bill to provide maternity parole, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 605, a bill to permit maternity leave for inmates, 
is placed before the Senate for immediate consideration. 



May 23, 1985 



1985] SENATE JOURNAL 397 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, May 27. 

By Senator Barnes for the Judiciary I Committtee: 

S. B. 613, a bill to increase the punishments for various offenses involving animals, with 
a favorable report. 

S. B. 485, a bill to provide that a recorded instrument that corrects an error made in the 
instrument as originally recorded is valid if the correction in the new instrument is signed 
or initialed by the parties to the instrument, with a favorable report, as amended. 

S. B. 287, a bill to make felonious the willful nonpayment of group health and life 
insurance premiums by employers or other trustees and to require insurers to pubUcly 
notify employees in such situations, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 287 (Committee Substitute), a bill to prohibit the 
willful nonpayment of group health and life insurance premiums by fiduciaries unless 
written notice is provided to the persons insured, is placed before the Senate for im- 
mediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, May 28. 

S. B. 456, a bill to require certain persons arrested for impaired driving to receive 
medical care, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill, which changes the title to read, S. B. 456 (Committee Substitute), a bill to require 
certain persons arrested for an alcohol-related offense to receive medical care, is placed 
before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, May 28. 

S. B. 506, a bill to prohibit the use of spousal testimony in the prosecution of certain 
crimes based on that testimony, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Barnes, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration. 

On motion of Senator Barnes, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, May 28. 

By Senator Staton for the Judiciary II Committee: 

S. B. 721, a bill to clarify the statutes which prohibit unauthorized damage to railroads 
and their property, with a favorable report. 

H. B. 812, a bill to exempt partnerships that render professional services from the 
requirement that they file a certificate of assumed name, with a favofable report. 

RE-REFERRAL 

H. B. 540, (Committee Substitute), a bill to require the Coastal Resources Commission 



May 23, 1985 



398 SENATE JOURNAL [Session 

to consider the use of adjacent waters before granting a permit under the Coastal Area 
Management Act. 

On motion of Senator Soles, and without objection, the rules are suspended and the 
Committee Substitute bill is taken from the Natural and Economic Resources and 
Wild